SB323: Bill Text

LRB-3597/1

MES:wlj:pg

2003 - 2004 LEGISLATURE

2003 Senate BILL 323

November 19, 2003 - Introduced by Senators Brown, A. Lasee and Schultz, cosponsored by Representatives Huebsch, Albers, Hahn, Hines, Ladwig, Olsen, Owens and Townsend. Referred to Committee on Homeland Security, Veterans and Military Affairs and Government Reform.

SB323,1,8 An Act to renumber 66.0201 (2) (a); to amend 16.53 (14), 66.0203 (8) (b), 66.0203 (9) (title), (a), (b), (d), (e) (intro.), (f), (g) and (h), 66.0205 (intro.), 66.0207 (title), (1) (intro.) and (b), and (2) (intro.), 66.0209 (2) and (4), 66.0219 (8) and 66.0223; and to create 15.07 (2) (m), 15.07 (3) (bm) 5., 15.105 (23), 66.0201 (2) (am), 66.0203 (8) (c), 66.0203 (9) (i) and 66.0217 (14) of the statutes; relating to: changing the procedures for the incorporation of cities and villages, creating a board to review incorporation petitions, and changing annexation procedures affected by incorporation petitions.

Analysis by the Legislative Reference Bureau

Under current law, towns may incorporate as cities or villages by a number of methods if certain procedures are followed. Under one of the methods, the procedures include the following:

1. The circulation of an incorporation petition in the territory to be incorporated, and the filing of the petition with the circuit court.

2. A circuit court hearing on the petition at which the court determines whether a number of statutory standards are met, including resident population and population density.

3. If the court finds that the standards are met, a review of the petition by the Department of Administration (DOA) for a determination on whether a number of statutory standards are met, including the characteristics of the territory, the level of governmental services that are desired or needed by the residents compared to the level of services offered by the proposed city or village, the impact upon the remainder of the town from which the territory is to be incorporated, and the impact of the proposed incorporation on the metropolitan community.

If DOA dismisses the petition, the circuit court must issue an order dismissing the petition. If DOA grants the petition, the circuit court must order an incorporation referendum. If a majority of the votes on the referendum are cast in favor of a village or city, the secretary of state must issue and record a certificate of incorporation.

This bill makes a number of changes in the way in which incorporation petitions are reviewed, and subjects certain annexation procedures to incorporation petitions. Under the bill, following circuit court review of an annexation petition, the court forwards a petition to an Incorporation Review Board, which the bill creates. The board is attached to DOA, and is made up of the following five people who serve at the pleasure of their appointing authority:

1. The secretary of DOA or his or her designee.

2. Two people appointed by the Wisconsin Towns Association.

3. One person appointed by the League of Wisconsin Municipalities.

4. One person appointed by the Wisconsin Alliance of Cities.

Before a circuit court may forward a petition to the board, the bill requires the court to determine whether an annexation proceeding that affects any territory in the incorporation petition has been initiated. If the court determines that an annexation proceeding was initiated before the publication of a notice of intent to circulate a petition for incorporation (notice), the court may refer the petition to the board only after the annexation proceeding is final.

If a court determines that an annexation proceeding was initiated on or within 30 days after the publication of the notice, the annexation may not proceed until the validity of the annexation is determined. If the incorporation process is valid and complete, the annexation is void. If the incorporation is invalid, the annexation may proceed.

If a court determines that an annexation proceeding was initiated more than 30 days after the publication of the notice, the annexation is void.

Generally, under current law, DOA has 90 days to review a petition of incorporation forwarded by a circuit court. Under this bill, the board has 180 days to review the petition.

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:

SB323, s. 1 Section 1. 15.07 (2) (m) of the statutes is created to read:

SB323,3,2 15.07 (2) (m) The representative of the department of administration shall serve as chairperson of the incorporation review board.

SB323, s. 2 Section 2. 15.07 (3) (bm) 5. of the statutes is created to read:

SB323,3,5 15.07 (3) (bm) 5. The incorporation review board shall meet on the call of the chairperson or a majority of the board's members.

SB323, s. 3 Section 3. 15.105 (23) of the statutes is created to read:

SB323,3,12 15.105 (23) Incorporation review board. (a) There is created an incorporation review board attached to the department of administration under s. 15.03. The board shall consist of the secretary of administration or his or her designee, 2 members appointed by the Wisconsin Towns Association, one member appointed by the League of Wisconsin Municipalities, and one member appointed by the Wisconsin Alliance of Cities. Members serve at the pleasure of the appointing authority.

SB323,3,14 (b) No member of the incorporation review board may review a petition referred to the board under s. 66.0203 (8) (b) if any of the following apply:

SB323,3,16 1. The member owns property in, or resides in, the town that is the subject of the incorporation petition.

SB323,3,18 2. The member owns property in, or resides in, a city or village that is contiguous to the town that is the subject of the incorporation petition.

SB323,3,23 (c) If the secretary of administration is affected by par. (b), he or she shall appoint a designee who is not so affected to review the petition. If any other member of the board is affected by par. (b), that person's appointing authority shall remove that person from the board and shall appoint another member to review the petition who is not so affected.

SB323, s. 4 Section 4. 16.53 (14) of the statutes is amended to read:

SB323,4,7 16.53 (14) Review of proposed incorporations and annexations. The department incorporation review board may prescribe and collect a fee for review of any petition for incorporation of a municipality under s. 66.0203 or. The department may prescribe and collect a fee for review of any petition for annexation of municipal territory under s. 66.0217. The fee shall be paid by the person or persons filing the petition for incorporation or by the person or persons filing the notice of the proposed annexation.

SB323, s. 5 Section 5. 66.0201 (2) (a) of the statutes is renumbered 66.0201 (2) (ar).

SB323, s. 6 Section 6. 66.0201 (2) (am) of the statutes is created to read:

SB323,4,10 66.0201 (2) (am) "Board" means the incorporation review board.

SB323, s. 7 Section 7. 66.0203 (8) (b) of the statutes is amended to read:

SB323,4,17 66.0203 (8) (b) On the basis of the hearing the circuit court shall find if the standards under s. 66.0205 are met. If the court finds that the standards are not met, the court shall dismiss the petition. If Subject to par. (c), if the court finds that the standards are met the court shall refer the petition to the department board. Upon payment of any fee imposed under s. 16.53 (14), the department board shall determine whether the standards under s. 66.0207 are met.

SB323, s. 8 Section 8. 66.0203 (8) (c) of the statutes is created to read:

SB323,4,21 66.0203 (8) (c) 1. The court shall determine whether an annexation proceeding that affects any territory included in the incorporation petition has been initiated under s. 66.0217, 66.0219, or 66.0223.

SB323,5,2 2. If the court determines that an annexation proceeding described under subd. 1. was initiated before the publication of the notice under sub. (1), the court shall refer the petition to the board when the annexation proceeding is final. If the annexation is determined to be valid, the court shall exclude the annexed territory from the territory proposed to be incorporated when it refers the petition to the board.

SB323,5,8 3. If the court determines that an annexation proceeding described under subd. 1. was initiated on or within 30 days after the publication of the notice under sub. (1), the annexation may not proceed until the validity of the incorporation has been determined. If the incorporation is determined to be valid and complete, the annexation is void. If the incorporation is determined to be invalid, the annexation may proceed.

SB323,5,11 4. If the court determines that an annexation proceeding described under subd. 1. was initiated more than 30 days after the publication of the notice under sub. (1), the annexation is void.

SB323, s. 9 Section 9. 66.0203 (9) (title), (a), (b), (d), (e) (intro.), (f), (g) and (h) of the statutes are amended to read:

SB323,5,17 66.0203 (9) (title) Function of the department board. (a) Upon receipt of the petition from the circuit court and payment of any fee imposed under s. 16.53 (14), the department board shall make any necessary investigation to apply the standards under s. 66.0207.

SB323,5,22 (b) Within 20 30 days after the receipt by the department board of the petition from the circuit court and payment of any fee imposed under s. 16.53 (14), whichever is later, any party in interest may request a hearing. Upon receipt of the request, the department board shall schedule a hearing at a place in or convenient to the territory sought to be incorporated.

SB323,6,5 (d) Unless the court sets a different time limit, the department board shall prepare its findings and determination, citing the supporting evidence, within 90 180 days after receipt of the referral from the court and payment of any fee imposed under s. 16.53 (14), whichever is later. The findings and determination shall be forwarded by the department board to the circuit court. Copies of the findings and determination shall be sent by certified or registered mail to the designated representative of the petitioners, and to all town and municipal clerks entitled to receive mailed notice of the petition under sub. (4).