LRB-2120/2
MES:wlj:km
2001 - 2002 LEGISLATURE
April 30, 2001 - Introduced by Representatives Foti, J. Fitzgerald, Huber, Albers,
Ladwig, McCormick, Musser, Owens, Ott, Pettis and J. Lehman, cosponsored
by Senators George and Schultz. Referred to Committee on Urban and Local
Affairs.
AB364,1,2
1An Act to amend 66.0217 (6) (a) of the statutes;
relating to: department of
2administration review of certain annexations of town territory.
Analysis by the Legislative Reference Bureau
Currently, town territory that is contiguous to any city or village may be
annexed to that city or village under several methods. Three of the methods are: 1)
direct annexation, under which a petition for annexation that was signed by the
required number of electors and landowners is filed with the city or village clerk; 2)
annexation by referendum, under which a petition for referendum that was signed
by the required number of electors and landowners is filed with the city or village
clerk, and a referendum is held and passes in the town; and 3) annexation by court
order and referendum, under which the governing body of a city or village adopts a
resolution declaring its intention to apply to the circuit court for an order for an
annexation referendum. If the city or village submits the resolution and the proper
supporting documents and if no petition of protest is filed with the court or if the
petition is found by the court to be insufficient, the court shall order the referendum
to be held. If the referendum passes in the town, the annexation occurs.
Under the first two of these current methods of annexation, no annexation
proceeding in a county with a population of at least 50,000 is valid unless the person
publishing a notice of annexation or the person who files the petition for direct
annexation sends certain information, such as a legal description and a scale map
of the territory proposed to be annexed, to the department of administration (DOA)
within five days of the publishing of the notice or filing of the petition. Within 20 days
after receipt of the information, DOA may mail to the clerks of the town and city or
village that are involved with the proposed annexation a notice that states DOA's
opinion that the annexation is against the public interest and that advises the clerks
of the reasons for its decision. This bill requires DOA, within 20 days after receipt
of the information, to mail to the clerks a notice that states whether the proposed
annexation is in the public interest or against the public interest and its reasons for
its opinion.
In its determination of the "public interest" under current law and under the
bill, DOA is required to consider a variety of factors, including whether
governmental services could clearly be better supplied to the territory by the town
or by the city or village, the shape of the proposed annexation, and the homogeneity
of the territory with the annexing village or city and any other contiguous village or
city. Under current law and under the bill, the village board or common council of
the annexing village or city is required to consider DOA's advice before taking final
action on the proposed annexation.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB364, s. 1
1Section
1. 66.0217 (6) (a) of the statutes is amended to read:
AB364,2,112
66.0217
(6) (a)
Annexations within populous counties. No annexation
3proceeding within a county having a population of 50,000 or more is valid unless the
4person publishing a notice of annexation under sub. (4) mails a copy of the notice to
5the clerk of each municipality affected and the department within 5 days of the
6publication. The department
may shall within 20 days after receipt of the notice mail
7to the clerk of the town within which the territory lies and to the clerk of the proposed
8annexing village or city a notice that
states whether in its opinion the annexation is
9in the public interest or is against the public interest and that advises the clerks of
10the reasons the annexation is
in or against the public interest as defined in par. (c).
11The annexing municipality shall review the advice before final action is taken.
AB364,3,2
1(1) This act first applies to annexation proceedings that are commenced on the
2effective date of this subsection.
