2017 - 2018 LEGISLATURE
January 16, 2018 - Introduced by Law Revision Committee. Referred to Committee
on Rules.
AB840,1,4 1An Act to amend 5.15 (4) (b), 5.15 (4) (bg), 13.96 (1) (b), 66.0217 (9) (a), 66.0221
2(1), 66.0223 (1) and 66.0231 of the statutes; relating to: municipal boundary
3information (suggested as remedial legislation by the Legislative Technology
4Services Bureau).
Analysis by the Legislative Reference Bureau
This bill clarifies that the Legislative Technology Services Bureau is to
reconcile and compile municipal boundary information for purposes of a statewide
database twice a year instead of once every ten years. The bill also places in the
correct statutory location a current-law duty for municipal clerks to notify counties
of municipal boundary changes.
For further information, see the Notes provided by the Law Revision
Committee of the Joint Legislative Council.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Law Revision Committee prefatory note: This bill is a remedial legislation
proposal, requested by the Legislative Technology Services Bureau and introduced by the
Law Revision Committee under s. 13.83 (1) (c) 4. and 5., stats. After careful consideration
of the various provisions of the bill, the Law Revision Committee has determined that this
bill makes minor substantive changes in the statutes, and that these changes are
desirable as a matter of public policy.
AB840,1
1Section 1 . 5.15 (4) (b) of the statutes is amended to read:
AB840,2,122 5.15 (4) (b) Within 5 days after adoption or enactment of an ordinance or
3resolution under this section or any amendment thereto, the municipal clerk shall
4transmit one copy of the ordinance or resolution or the amendment to the county
5clerk of each county in which the municipality is contained, accompanied by the list
6and map specified in par. (a). Each, together with a report confirming the boundaries
7of the municipality and of all wards in the municipality. Within 5 days after notice
8to the municipal clerk of a judgment that has the effect of changing the municipal
9boundaries, the clerk shall file the same report. The municipal clerk shall ensure
10that each
copy shall identify of the ordinance or resolution or amendment and each
11accompanying report identify
the name of the municipality and the county or
12counties in which it is located.
Note: Sections 1 and 2 clarify the requirement for municipal clerks to transfer a
report to the county clerk confirming the boundaries of a municipality and all wards in
the municipality within 5 days after any boundary changes. Language that exists in
current law is moved from Section 2 into Section 1.
AB840,2 13Section 2 . 5.15 (4) (bg) of the statutes is amended to read:
AB840,2,2314 5.15 (4) (bg) No later than October 15 of each year following the year of a federal
15decennial census, each municipal clerk shall file a report with the county clerk of
16each county in which the municipality is contained confirming the boundaries of the
17municipality and of all wards in the municipality. The report shall be accompanied
18by a map of the municipality and a list of the block numbers of which the municipality
19and each ward within the municipality are comprised. Within 5 days after notice to
20the municipal clerk of a judgment that has the effect of changing the municipal
21boundaries, the clerk shall file the same report.
Each report filed under this
22paragraph shall identify the name of the municipality and the county or counties in
23which it is located.
AB840,3
1Section 3 . 13.96 (1) (b) of the statutes is amended to read:
AB840,3,52 13.96 (1) (b) Upon receipt of municipal boundary information at each reporting
3interval under s. 5.15 (4) (bg) (br), reconcile and compile the information received to
4produce a statewide data base consisting of municipal boundary information for the
5entire state.
Note: Section 3 requires the Legislative Technology Services Bureau to update the
statewide municipal boundary information database twice a year, rather than after the
federal census once every 10 years.
AB840,4 6Section 4 . 66.0217 (9) (a) of the statutes is amended to read:
AB840,3,227 66.0217 (9) (a) The clerk of a city or village which has annexed territory shall
8file immediately with the secretary of administration a certified copy of the
9ordinance, certificate and plat, and shall send one copy to each company that
10provides any utility service in the area that is annexed. The city or village shall also
11file with the county clerk or board of election commissioners the report required by
12s. 5.15 (4) (bg) (b). The clerk shall record the ordinance with the register of deeds and
13file a signed copy of the ordinance with the clerk of any affected school district.
14Failure to file, record or send does not invalidate the annexation and the duty to file,
15record or send is a continuing one. The ordinance that is filed, recorded or sent shall
16describe the annexed territory and the associated population. The information filed
17with the secretary of administration shall be utilized in making recommendations
18for adjustments to entitlements under the federal revenue sharing program and
19distribution of funds under ch. 79. The clerk shall certify annually to the secretary
20of administration and record with the register of deeds a legal description of the total
21boundaries of the municipality as those boundaries existed on December 1, unless
22there has been no change in the 12 months preceding.
Note: Sections 4 to 7 correct statutory cross-references.
AB840,5
1Section 5. 66.0221 (1) of the statutes is amended to read:
AB840,4,242 66.0221 (1) Upon its own motion and subject to sub. (3) and ss. 66.0301 (6) (d)
3and 66.0307 (7), a city or village, by a two-thirds vote of the entire membership of
4its governing body, may enact an ordinance annexing territory which comprises a
5portion of a town or towns and which was completely surrounded by territory of the
6city or village on December 2, 1973. The ordinance shall include all surrounded town
7areas except those that are exempt by mutual agreement of all of the governing
8bodies involved. The annexation ordinance shall contain a legal description of the
9territory and the name of the town or towns from which the territory is detached.
10Upon enactment of the ordinance, the city or village clerk immediately shall file 6
11certified copies of the ordinance with the secretary of administration, together with
126 copies of a scale map. The city or village shall also file with the county clerk or board
13of election commissioners the report required by s. 5.15 (4) (bg) (b). The secretary of
14administration shall forward 2 copies of the ordinance and scale map to the
15department of transportation, one copy to the department of natural resources, one
16copy to the department of revenue and one copy to the department of administration.
17This subsection does not apply if the town island was created only by the annexation
18of a railroad right-of-way or drainage ditch. This subsection does not apply to land
19owned by a town government which has existing town government buildings located
20on the land. No town island may be annexed under this subsection if the island
21consists of over 65 acres or contains over 100 residents. Section 66.0217 (11) applies
22to annexations under this subsection. Except as provided in sub. (2), after
23December 2, 1973, no city or village may, by annexation, create a town area which
24is completely surrounded by the city or village.
AB840,6 25Section 6. 66.0223 (1) of the statutes is amended to read:
AB840,5,19
166.0223 (1) In addition to other methods provided by law and subject to sub.
2(2) and ss. 66.0301 (6) (d) and 66.0307 (7), territory owned by and lying near but not
3necessarily contiguous to a village or city may be annexed to a village or city by
4ordinance enacted by the board of trustees of the village or the common council of the
5city, provided that in the case of noncontiguous territory the use of the territory by
6the city or village is not contrary to any town or county zoning regulation. The
7ordinance shall contain the exact description of the territory annexed and the names
8of the towns from which detached, and attaches the territory to the village or city
9upon the filing of 7 certified copies of the ordinance with the secretary of
10administration, together with 7 copies of a plat showing the boundaries of the
11territory attached. The city or village shall also file with the county clerk or board
12of election commissioners the report required by s. 5.15 (4) (bg) (b). Two copies of the
13ordinance and plat shall be forwarded by the secretary of administration to the
14department of transportation, one copy to the department of administration, one
15copy to the department of natural resources, one copy to the department of revenue
16and one copy to the department of public instruction. Within 10 days of filing the
17certified copies, a copy of the ordinance and plat shall be mailed or delivered to the
18clerk of the county in which the annexed territory is located. Sections 66.0203 (8) (c)
19and 66.0217 (11) apply to annexations under this section.
AB840,7 20Section 7 . 66.0231 of the statutes is amended to read:
AB840,6,12 2166.0231 Notice of certain litigation affecting municipal status or
22boundaries.
If a proceeding under ss. 61.187, 61.189, 61.74, 62.075, 66.0201 to
2366.0213, 66.0215, 66.02162, 66.0217, 66.0221, 66.0223, 66.0227, 66.0301 (6), or
2466.0307 or other sections relating to an incorporation, annexation, consolidation,
25dissolution or detachment of territory of a city or village is contested by instigation

1of legal proceedings, the clerk of the city or village involved in the proceedings shall
2file with the secretary of administration 4 copies of a notice of the commencement of
3the action. The clerk shall file with the secretary of administration 4 copies of any
4judgments rendered or appeals taken in such cases. The notices or copies of
5judgments that are required under this section may also be filed by an officer or
6attorney of any party of interest. If any judgment has the effect of changing the
7municipal boundaries, the city or village clerk shall also file with the county clerk or
8board of election commissioners the report required by s. 5.15 (4) (bg) (b). The
9secretary of administration shall forward to the department of transportation 2
10copies and to the department of revenue and the department of administration one
11copy each of any notice of action or judgment filed with the secretary of
12administration under this section.
AB840,6,1313 (End)
Loading...
Loading...