AB310: Bill Text

LRB-2085/2

JTK:mfd:kat

1997 - 1998 LEGISLATURE

1997 Assembly BILL 310

April 24, 1997 - Introduced by Representatives Skindrud, Jensen, Duff, Ainsworth, Hahn, Handrick, Gard, Grothman, Freese, Nass, Ladwig, Powers, Seratti, Sykora, Ward and Zukowski, cosponsored by Senators Drzewiecki, Ellis, Cowles, Weeden and Zien. Referred to Committee on Elections and Constitutional Law.

AB310,1,8 An Act to amend 5.02 (20r), 7.15 (2) (d), 8.05 (3) (d) and (e), 8.06, 9.20 (4), 24.66 (3) (b), 24.66 (4), 32.72 (1), 59.08 (7) (b), 60.62 (2), 60.74 (5) (b), 61.187 (1), 61.46 (1), 62.09 (1) (a), 64.03 (1), 64.39 (3), 66.01 (8), 66.059 (2m) (b), 66.061 (1) (c), 66.075 (5), 66.504 (2), 66.521 (10) (d), 66.77 (3) (a) 1., 66.94 (4), 67.05 (4) and (5), 67.05 (6a) (a) 2. a., 67.05 (6m) (b), 67.10 (5) (b), 67.12 (12) (e) 5., 81.01 (3) (b), 86.21 (2) (a), 117.20, 119.48 (4) (b) and (c), 119.49 (1) (b) and (2), 121.91 (3) (a), 197.04 (1) and (2), 197.10 (2) and 198.19 (1); and to create 8.065 of the statutes; relating to: scheduling of referenda by local governments.

Analysis by the Legislative Reference Bureau

Under current law, referenda are authorized or required to be held by local governments under various laws for various purposes. In some cases, these referenda are authorized or required to be held at special elections when no offices appear on the ballot. In most cases, there is no limitation upon the frequency that questions relating to the same subject matter may be submitted.

This bill provides that, unless a more restrictive limitation applies currently, a referendum by a local government may only be held concurrently with the spring primary (held in most election districts in each year), the spring election (held in each year), or on the first Tuesday after the first Monday in November of an odd-numbered year (no election is currently held on that date), the September primary (held in each even-numbered year) or general election (held in each even-numbered year). The bill also provides that, unless a more restrictive limitation applies currently, no referendum submitted by the same local government relating to substantially similar subject matter or relating to authorization for the borrowing of money may be held more than once in any 12-month period. The requirement applies to all referenda, including referenda concerning direct legislation (initiative) in cities and villages.

For further information see the 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:

AB310, s. 1 Section 1. 5.02 (20r) of the statutes is amended to read:

AB310,2,5 5.02 (20r) "Special referendum" means any a referendum held at a special election which is not held concurrently with the elections described in sub. (5), (18), (21) or (22) on the first Tuesday after the first Monday in November of an odd-numbered year.

AB310, s. 2 Section 2. 7.15 (2) (d) of the statutes is amended to read:

AB310,2,16 7.15 (2) (d) Whenever the governing body of any municipality submits any question to a vote of the electors or whenever a proper recall petition and certificate are filed under s. 9.10, the municipal clerk shall issue a call for the election and prepare and distribute ballots as required in the authorization of submission or as provided in s. 9.10. The date of the referendum shall be established in accordance with s. 8.065, and shall be fixed by the municipal clerk or board of election commissioners unless otherwise provided by law or unless the governing body fixes a date. The ballot for any referendum shall conform to s. 5.64 (2). If there is already an official municipal referendum ballot for the election, the question may appear on the same ballot.

AB310, s. 3 Section 3. 8.05 (3) (d) and (e) of the statutes are amended to read:

AB310,3,5 8.05 (3) (d) The question of adoption of the nonpartisan primary under this subsection may be submitted to the electors at any regular election specified in s. 8.065 held in the town or at a special election called for the purpose. When a petition conforming to the requirements of s. 8.40 signed by at least 20 electors of the town is filed with the town clerk so requesting, the question shall be submitted to a vote.

AB310,3,10 (e) Petitions requesting a vote on the question at a regular town election shall be filed no later than 5 p.m. the last Tuesday in February. When the petition is filed, the clerk shall check its sufficiency. Whether at a regular or special election, the The clerk shall give separate notice by one publication in a newspaper at least 5 days before the election.

AB310, s. 4 Section 4. 8.06 of the statutes is amended to read:

AB310,3,15 8.06 Special elections may be called. Towns, cities, villages and school districts may call special elections for any purpose whenever such action is authorized or required by law. If an election is called for a special referendum, the election shall be called and noticed under as provided in s. 8.55.

AB310, s. 5 Section 5. 8.065 of the statutes is created to read:

AB310,3,18 8.065 Scheduling of referenda. (1) In this section, "local governmental unit" has the meaning given in s. 16.97 (7).

AB310,4,2 (2) Unless otherwise required by law, a referendum held by any local governmental unit that is authorized or required by law to hold a referendum may only be held concurrently with the spring primary, spring election, September primary or general election, or on the first Tuesday after the first Monday of November of an odd-numbered year. Unless otherwise required by law, no referendum submitted by the same local governmental unit relating to substantially similar subject matter or relating to authorization for the borrowing of money may be held more than once in any 12-month period.

AB310, s. 6 Section 6. 9.20 (4) of the statutes is amended to read:

AB310,4,14 9.20 (4) The common council or village board shall, without alteration, either pass the ordinance or resolution within 30 days following the date of the clerk's final certificate, or submit it to the electors at the next spring or general election specified in s. 8.065, if the election is more than 6 weeks after the date of the council's or board's action on the petition or the expiration of the 30-day period, whichever first occurs. If there are 6 weeks or less before the election, the ordinance or resolution shall be voted on at the next election specified in s. 8.065 thereafter. The council or board by a three-fourths vote of the members-elect may order a special election for the purpose of voting on the ordinance or resolution at any time prior to the next election, but not more than one special election for direct legislation may be ordered in any 6-month period.

AB310, s. 7 Section 7. 24.66 (3) (b) of the statutes is amended to read:

AB310,4,22 24.66 (3) (b) For long-term loans by unified school districts. Every application for a loan, the required repayment of which exceeds 10 years, shall be approved and authorized for a unified school district by a majority vote of the members of the school board at a regular or special meeting of the school board. Every vote so required shall be by ayes and noes duly recorded. In addition, the application shall be approved for a unified school district by a majority vote of the electors of the school district at a special election referendum as provided under sub. (4).

AB310, s. 8 Section 8. 24.66 (4) of the statutes is amended to read:

AB310,5,6 24.66 (4) Popular vote, when required. If any municipality is not empowered by law to incur indebtedness for a particular purpose without first submitting the question to its electors, the application for a state trust fund loan for that purpose must be approved and authorized by a majority vote of the electors at a special election referendum called, in accordance with s. 8.065, and noticed and held in the manner provided for other special elections referenda. The notice of the election referendum shall state the amount of the proposed loan and the purpose for which it will be used.

AB310, s. 9 Section 9. 32.72 (1) of the statutes is amended to read:

AB310,5,14 32.72 (1) Sections 32.50 to 32.71 do not take effect in any city until the following question is submitted to the electors of the city at a special election referendum called in accordance with s. 8.065 and adopted by a majority vote of the electors voting: "Shall subchapter II of chapter 32, Wisconsin Statutes, be effective in the city of ................, thus allowing the city to acquire and condemn property for street widening and similar purposes, financed through assessments of benefits and damages?".

AB310, s. 10 Section 10. 59.08 (7) (b) of the statutes is amended to read:

AB310,5,25 59.08 (7) (b) The question of the consolidation of the counties shall be submitted to the voters at the next election specified in s. 8.065 to be held on the first Tuesday in April, or the next regular election, or at a special election to be held on a date specified in the order which shall be no sooner than 45 days after the day fixed in date of the order issued under par. (a), which day date shall be the same in each of the counties proposing to consolidate. A copy of the order shall be filed with the county clerk of each of the counties. If the question of consolidation is submitted at a special election, it shall be held not less than 30 days nor more than 60 days from the completion of the consolidation agreement, but not within 60 days of any spring or general election.

AB310, s. 11 Section 11. 60.62 (2) of the statutes is amended to read:

AB310,6,5 60.62 (2) If the county in which the town is located has enacted a zoning ordinance under s. 59.69, the exercise of the authority under sub. (1) is subject to approval by the town meeting or by a referendum vote of the electors of the town to be held at the time of any regular or special election in accordance with s. 8.065.

AB310, s. 12 Section 12. 60.74 (5) (b) of the statutes is amended to read:

AB310,6,17 60.74 (5) (b) A petition conforming to the requirements of s. 8.40 signed by qualified electors of the district equal to at least 20% of the vote cast for governor in the district at the last gubernatorial election, requesting a change to appointment of commissioners, may be submitted to the town board, subject to sub. (5m) (a). Upon receipt of the petition, the town board shall submit the question to a referendum at the next regular spring election or general election, or shall call a special election for that purpose specified in s. 8.065 to be held not sooner than 45 days after receipt of the petition. The inspectors shall count the votes and submit a statement of the results to the commission. The commission shall canvass the results of the election and certify the results to the town board which has authority to appoint commissioners.

AB310, s. 13 Section 13. 61.187 (1) of the statutes is amended to read:

AB310,7,2 61.187 (1) Procedure. Whenever a petition conforming to the requirements of s. 8.40, signed by at least one-third as many electors of any village as voted for village officers at the next preceding election therefor, shall be presented to the village board praying for dissolution of the village corporation, such board shall submit to the electors of such village, for determination by ballot in substantially the manner provided by ss. 5.64 (2) and 10.02, at a general election or at a special election called by them for that purpose the next election specified in s. 8.065 to be held not sooner than 45 days after presentation of the petition, the question whether or not such village corporation shall be dissolved.

AB310, s. 14 Section 14. 61.46 (1) of the statutes is amended to read:

AB310,7,15 61.46 (1) General; limitation. The village board shall, on or before December 15 in each year, by resolution to be entered of record, determine the amount of corporation taxes to be levied and assessed on the taxable property in such village for the current year. Before levying any tax for any specified purpose, exceeding one percent of the assessed valuation aforesaid, the village board shall, and in all other cases may in its discretion, submit the question of levying the same to the village electors at any general or special the next election specified in s. 8.065 to be held no sooner than 45 days after submission by giving 10 days' notice thereof prior to such election by publication in a newspaper published in the village, if any, and if there is none, then by posting notices in 3 public places in said village, setting forth in such notices the object and purposes for which such taxes are to be raised and the amount of the proposed tax.

AB310, s. 15 Section 15. 62.09 (1) (a) of the statutes is amended to read:

AB310,8,3 62.09 (1) (a) The officers shall be a mayor, treasurer, clerk, comptroller, attorney, engineer, one or more assessors unless the city is assessed by a county assessor under s. 70.99, one or more constables as determined by the common council, a local health officer, as defined in s. 250.01 (5), or local board of health, as defined in s. 250.01 (3), street commissioner, board of police and fire commissioners except in cities where not applicable, chief of police, chief of the fire department, board of public works, 2 alderpersons from each aldermanic district, and such other officers or boards as are created by law or by the council. If one alderperson from each aldermanic district is provided under s. 66.018 (1), the council may, by ordinance adopted by a two-thirds vote of all its members and approved by the electors at a general or special any election specified in s. 8.065, provide that there shall be 2 alderpersons from each aldermanic district.

AB310, s. 16 Section 16. 64.03 (1) of the statutes is amended to read:

AB310,8,10 64.03 (1) Every ordinance or resolution for the adoption of ss. 64.01 to 64.15, and every petition for a special election referendum on the same, shall state the number of members of which the council herein provided for shall be composed, the term of office of its members, which term shall not exceed 2 years, whether they shall be nominated and elected from aldermanic districts or from the city at large, and the compensation, if any, which they shall receive.

AB310, s. 17 Section 17. 64.39 (3) of the statutes is amended to read:

AB310,8,17 64.39 (3) Upon filing such petition, the mayor shall, by proclamation, submit the questions prescribed in sub. (1) at a special the next election specified in s. 8.065 to be held at a time specified therein and within 2 months not sooner than 45 days after such petition is filed. The election upon such question shall be conducted, the vote canvassed, and the result declared in the same manner as provided by law for other city elections.

AB310, s. 18 Section 18. 66.01 (8) of the statutes is amended to read:

AB310,9,3 66.01 (8) Every charter, charter amendment or charter ordinance enacted or approved by a vote of the electors shall control and prevail over any prior or subsequent act of the legislative body of the city or village. Whenever the electors of any city or village by a majority vote have adopted or determined to continue to operate under either ch. 62 or 64, or have determined the method of selection of members of the governing board, the question shall not again be submitted to the electors, nor action taken thereon within a period of 2 years. Any election to change or amend the charter of any city or village, other than a special an election as provided in called under s. 9.20 (4), shall be held at the time provided by statute for holding the spring election.

AB310, s. 19 Section 19. 66.059 (2m) (b) of the statutes is amended to read:

AB310,9,11 66.059 (2m) (b) If a referendum is to be held on a resolution, the municipal governing body shall direct the municipal clerk to call a special election for the purpose of submitting submit the resolution to the electors for approval of the electors at a referendum on approval or rejection. In lieu of a special election, the municipal governing body may specify that the election be held at the next succeeding spring primary or election or September primary or general election called in accordance with s. 8.065.

AB310, s. 20 Section 20. 66.061 (1) (c) of the statutes is amended to read:

AB310,9,23 66.061 (1) (c) No such ordinance shall be operative until 60 days after passage and publication unless sooner approved by a referendum. Within that time electors equal in number to 20 per cent of those voting at the last regular municipal election, may demand a referendum. The demand shall be in writing and filed with the clerk. Each signer shall state his or her occupation and residence and signatures shall be verified by the affidavit of an elector. The referendum shall be held at the next regular municipal election, or at a special election within 90 days of the specified in s. 8.065 to be held not sooner than 45 days after filing of the demand, and the ordinance shall not be effective unless approved by a majority of the votes cast thereon. This paragraph shall not apply to extensions by a utility previously franchised by the village or city.

AB310, s. 21 Section 21. 66.075 (5) of the statutes is amended to read:

AB310,10,12 66.075 (5) The provisions of this section shall apply only to such counties, cities, villages and towns as shall have adopted the same at any general or municipal election at which the question of the establishment of such county or municipal slaughterhouse shall have been submitted to the voters of such county, city, village or town. Such question shall, upon the filing of a petition conforming to the requirements of s. 8.40 by electors of such county, city, village or town equal in number to at least 10% of all the votes cast in such county, city, village or town for governor at the last preceding general election, be submitted to the electors of such county, city, village or town at the next ensuing election specified in s. 8.065 to be held not sooner than 45 days after filing of the petition, and if a majority of votes cast shall be in favor of the establishment of such slaughterhouse, the provisions of this section shall apply to such county, city, village or town.

AB310, s. 22 Section 22. 66.504 (2) of the statutes is amended to read:

AB310,10,20 66.504 (2) Facilities authorized. A municipality may enter into a joint contract with a nonprofit corporation organized for civic purposes and located in the municipality to construct or otherwise acquire, equip, furnish, operate and maintain a facility to be used for municipal and civic activities if a majority of the voters voting in a referendum at a special election or at a spring primary or election or September primary or general an election specified in s. 8.065 approve the question of entering into the joint contract.

AB310, s. 23 Section 23. 66.521 (10) (d) of the statutes is amended to read:

AB310,11,8 66.521 (10) (d) The governing body may issue bonds under this section without submitting the proposition to the electors of the municipality for approval unless within 30 days from the date of publication of notice of adoption of the initial resolution for such bonds, a petition conforming to the requirements of s. 8.40, and signed by a number of electors of the municipality equal to not less than 5% of the registered electors of the municipality, or, if there is no registration of electors in the municipality, by 10% of the number of electors of the municipality voting for the office of governor at the last general election as determined under s. 115.01 (13), is filed with the clerk of the municipality requesting a referendum upon the question of the issuance of the bonds. If such a petition is filed, the bonds shall not be issued until approved by a majority of the electors of the municipality voting thereon at a general or special election referendum called in accordance with s. 8.065.

AB310, s. 24 Section 24. 66.77 (3) (a) 1. of the statutes is amended to read:

AB310,11,20 66.77 (3) (a) 1. If the governing body of a county wishes to exceed the operating levy rate limit otherwise applicable to the county under this section, it shall adopt a resolution to that effect. The resolution shall specify either the operating levy rate or the operating levy that the governing body wishes to impose for either a specified number of years or an indefinite period. The governing body shall call a special referendum for the purpose of submitting the resolution to the electors of the county for approval or rejection. In lieu of a special referendum, the governing body may specify that provide for the referendum to be held at the next succeeding spring primary or election or September primary or general election to be held specified in s. 8.065 that occurs not earlier than 30 days after the adoption of the resolution of the governing body.