1995 - 1996 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
To 1995 ASSEMBLY BILL 202
March 28, 1995 - Offered by
Committee on Urban and Local Affairs.
AB202-ASA1,1,4
1An Act to renumber and amend 66.023 (7);
to amend 66.023 (2) (a), 66.023 (2)
2(b), 66.023 (3) (f), 66.023 (4) (a) 1., 66.023 (4) (c) and 66.026; and
to create
366.023 (3) (g), 66.023 (7) (title), 66.023 (7) (a) and 66.023 (7m) of the statutes;
4relating to: municipal boundary changes.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB202-ASA1,1,76
66.023
(2) (a) That specified boundary line changes shall occur during the
7planning period and the
approximate dates by which the changes shall occur.
AB202-ASA1,1,109
66.023
(2) (b) That specified boundary line changes may occur during the
10planning period and the
approximate dates by which the changes may occur.
AB202-ASA1, s. 3
11Section
3. 66.023 (3) (f) of the statutes is amended to read:
AB202-ASA1,2,212
66.023
(3) (f)
Content of plan; planning period. The cooperative plan shall
13specify the duration of the proposed planning period, which shall be for a period of
1410 years, except that the duration of the proposed planning period may be for a period
1greater than 10 years
, but not for a period greater than 20 years, if a duration greater
2than 10 years is approved by the department.
AB202-ASA1,2,54
66.023
(3) (g)
Content of plan; zoning agreement. The cooperative plan shall
5include all agreements under sub. (7m).
AB202-ASA1, s. 5
6Section
5. 66.023 (4) (a) 1. of the statutes is amended to read:
AB202-ASA1,2,97
66.023
(4) (a) 1. The department, the department of natural resources
, the
8department of agriculture, trade and consumer protection and the department of
9transportation.
AB202-ASA1, s. 6
10Section
6. 66.023 (4) (c) of the statutes is amended to read:
AB202-ASA1,2,2211
66.023
(4) (c)
Comment on plan. Any person may comment on the plan during
12the hearing and may submit written comments
at any time before, at or within 20
13days following the hearing. All comments shall be considered by each participating
14municipality. Any county zoning agency under s. 59.97 (2) or regional planning
15commission whose jurisdiction includes any participating municipality shall
16comment in writing on the plan's effect on the master plan adopted by the regional
17planning commission under s. 66.945 (9), or development plan adopted by the county
18board or county planning agency under s. 59.97 (3), and on the delivery of municipal
19services, and may comment on any other aspect of the plan. Any county in the
20regional planning commission's jurisdiction may submit comments on the effect of
21the cooperative plan on the master plan adopted under s. 66.945 (9) and on the
22delivery of county services or on any other matter related to the plan.
AB202-ASA1, s. 7
23Section
7. 66.023 (7) (title) of the statutes is created to read:
AB202-ASA1,2,2424
66.023
(7) (title)
Other boundary procedures.
AB202-ASA1, s. 8
1Section
8. 66.023 (7) of the statutes is renumbered 66.023 (7) (b) and amended
2to read:
AB202-ASA1,3,103
66.023
(7) (b) (title)
Applicability of other Other boundary procedures during
4the planning period. During the planning period specified under sub. (3) (f), no other
5procedure for altering a municipality's boundaries may be used to alter
the a 6boundary
of a municipality that is
a party to included in the cooperative plan
under
7sub. (3) (d) 1., except if an annexation is conducted under s. 144.07 (1m), regardless
8of whether the boundary is proposed to be maintained or changed or is allowed to be
9changed under the plan. After the planning period has expired, the boundary may
10be altered.
AB202-ASA1, s. 9
11Section
9. 66.023 (7) (a) of the statutes is created to read:
AB202-ASA1,3,1812
66.023
(7) (a)
Other procedures after hearing. After the joint hearing under
13sub. (4) (b) is held, no other procedure, except the procedure under s. 144.07 (1m), for
14altering a municipality's boundaries may be used to alter a boundary included in the
15proposed cooperative plan under sub. (3) (d) 1. until the boundary is no longer
16included in the proposed cooperative plan, the municipality withdraws from the
17proposed cooperative plan or the proposed cooperative plan fails to receive approval
18from the department, whichever occurs first.
AB202-ASA1,4,620
66.023
(7m) Zoning in town territory. If a town is a party to a cooperative plan
21with a city or village, the town and city or village may agree, as part of the cooperative
22plan, to authorize the town, city or village to adopt a zoning ordinance under s. 60.61,
2361.35 or 62.23 for all or a portion of the town territory covered by the plan. The
24exercise of zoning authority by a town under this subsection is not subject to s. 60.61
25(3) or 60.62 (3). If a county zoning ordinance applies to the town territory covered
1by the plan, that ordinance and amendments to it continue until a zoning ordinance
2is adopted under this subsection. If a zoning ordinance is adopted under this
3subsection, that zoning ordinance continues in effect after the planning period ceases
4until a different zoning ordinance for the territory is adopted under other applicable
5law. This subsection does not affect zoning ordinances adopted under ss. 59.971,
687.30 or 91.71 to 91.78.
AB202-ASA1,4,20
866.026 Notice of litigation. Whenever any proceedings under ss. 61.187,
961.189, 61.74, 62.075, 66.012, 66.013 to 66.019, 66.021, 66.022, 66.023, 66.025 or
10other sections relating to an incorporation, annexation, consolidation, dissolution or
11detachment of territory of a city or village are contested by instigation of legal
12proceedings, the clerk of the city or village involved in
such the proceedings shall
13forthwith file with the secretary of state 4 copies of a notice of the commencement of
14such the action. The clerk shall also file with the secretary of state 4 copies of any
15judgments rendered or appeals taken in such cases. The notices or copies of
16judgments
as herein that are required
under this section may also be filed by an
17officer or attorney of any party of interest. The secretary of state shall forward to the
18department of transportation 2 copies and to the department of revenue
and the
19department of administration one copy
each of any notice of action or judgment filed
20with the secretary of state
pursuant to under this section.