AB105: Bill Text Engrossed

LRB-2588/1

JTK:jlg:ch

1999 - 2000 LEGISLATURE

Engrossed 1999 Assembly BILL 105

March 23, 1999 - Printed by direction of Senate Chief Clerk.

AB105-engrossed,1,8 An Act to amend 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) (b) and (2), 197.10 (2) and 198.19 (1); and to create 8.065 and 15.615 of the statutes; relating to: scheduling of referenda by local governments.

Analysis by the Legislative Reference Bureau

Engrossment information:

The text of Engrossed 1999 Assembly Bill 105 consists of the bill, as passed by the assembly on March 16, 1999, as affected by the following documents adopted in the assembly on March 2, 1999: Assembly Amendments 1, 4, 5, 6 (part 2, item 3. only) and 9.

Content of Engrossed 1999 Assembly Bill 105:

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 2nd Tuesday in September or the first Tuesday after the first Monday in November of an odd-numbered year (no election is currently held on those dates), the September primary (held in each even-numbered year) or general election (held in each even-numbered year). However, the bill creates a state referendum appeal board consisting of four members appointed by the elections board, including one individual designated by each of the following: the senate majority leader, the senate minority leader, the speaker of the assembly and the assembly minority leader. The board is empowered to permit a local government to hold a referendum on a date that is not otherwise permitted if the board finds, with the concurrence of at least three members, that an emergency exists which requires the referendum to be held on a date that is not otherwise permitted.

The bill applies to all referenda, including referenda concerning direct legislation (initiative) in cities and villages.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB105-engrossed, s. 1 Section 1. 7.15 (2) (d) of the statutes is amended to read:

AB105-engrossed,2,11 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.

AB105-engrossed, s. 2 Section 2. 8.05 (3) (d) and (e) of the statutes are amended to read:

AB105-engrossed,3,6 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 authorized under 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.

AB105-engrossed,3,11 (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.

AB105-engrossed, s. 3 Section 3. 8.06 of the statutes is amended to read:

AB105-engrossed,3,16 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.

AB105-engrossed, s. 4 Section 4. 8.065 of the statutes is created to read:

AB105-engrossed,3,19 8.065 Scheduling of referenda. (1) In this section, "local governmental unit" has the meaning given in s. 16.97 (7).

AB105-engrossed,3,24 (2) Unless otherwise required by law or unless authorized under sub. (3), a referendum held by any local governmental unit that is authorized or required by law to hold a referendum may only be held on the date of the spring primary, spring election, September primary or general election, or on the 2nd Tuesday in September or the Tuesday after the first Monday in November of an odd-numbered year.

AB105-engrossed,4,14 (3) If a local governmental unit wishes to hold a special referendum on a date that is not concurrent with an election specified in s. 5.02 (5), (18), (21) or (22) or on a date other than the 2nd Tuesday in September or the first Tuesday after the first Monday in November of an odd-numbered year, the local governmental unit may petition the referendum appeal board for a determination that an emergency exists with respect to a particular question. The referendum appeal board shall make a determination within 10 days after receipt of a petition under this subsection. If the referendum appeal board finds, with the concurrence of at least 3 members, that an emergency exists which requires a special referendum to be held by a local governmental unit on a date that is not concurrent with an election specified in s. 5.02 (5), (18), (21) or (22) or on a date other than the 2nd Tuesday in September or the first Tuesday after the first Monday in November of an odd-numbered year, the board may permit a referendum relating to the question specified in the petition to be held on a date determined by the local governmental unit.

AB105-engrossed, s. 5 Section 5. 9.20 (4) of the statutes is amended to read:

AB105-engrossed,5,2 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 authorized under 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 authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) 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.

AB105-engrossed, s. 6 Section 6. 15.615 of the statutes is created to read:

AB105-engrossed,5,11 15.615 Same; attached boards. (2) Referendum appeal board. There is created a referendum appeal board which is attached to the elections board under s. 15.03. The board shall consist of 4 members appointed by the elections board, including one individual designated by each of the following: the senate majority leader, the senate minority leader, the speaker of the assembly and the assembly minority leader. In case of an absence or temporary vacancy, the officer designating that member may serve as a member of the board. Members of the board shall serve for indefinite terms.

AB105-engrossed, s. 7 Section 7. 24.66 (3) (b) of the statutes is amended to read:

AB105-engrossed,5,19 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).

AB105-engrossed, s. 8 Section 8. 24.66 (4) of the statutes is amended to read:

AB105-engrossed,6,3 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.

AB105-engrossed, s. 9 Section 9. 32.72 (1) of the statutes is amended to read:

AB105-engrossed,6,11 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?".

AB105-engrossed, s. 10 Section 10. 59.08 (7) (b) of the statutes is amended to read:

AB105-engrossed,6,22 59.08 (7) (b) The question of the consolidation of the counties shall be submitted to the voters at the next election authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) 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.

AB105-engrossed, s. 11 Section 11. 60.62 (2) of the statutes is amended to read:

AB105-engrossed,7,2 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.

AB105-engrossed, s. 12 Section 12. 60.74 (5) (b) of the statutes is amended to read:

AB105-engrossed,7,14 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 authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) 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.

AB105-engrossed, s. 13 Section 13. 61.187 (1) of the statutes is amended to read:

AB105-engrossed,7,25 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 authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) to be held not sooner than 45 days after presentation of the petition, the question whether or not such village corporation shall be dissolved.

AB105-engrossed, s. 14 Section 14. 61.46 (1) of the statutes is amended to read:

AB105-engrossed,8,13 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 authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) 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.

AB105-engrossed, s. 15 Section 15. 62.09 (1) (a) of the statutes is amended to read:

AB105-engrossed,9,2 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 authorized under s. 8.065, provide that there shall be 2 alderpersons from each aldermanic district.

AB105-engrossed, s. 16 Section 16. 64.03 (1) of the statutes is amended to read:

AB105-engrossed,9,9 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.

AB105-engrossed, s. 17 Section 17. 64.39 (3) of the statutes is amended to read:

AB105-engrossed,9,16 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 authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) 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.

AB105-engrossed, s. 18 Section 18. 66.01 (8) of the statutes is amended to read:

AB105-engrossed,9,25 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.

AB105-engrossed, s. 19 Section 19. 66.059 (2m) (b) of the statutes is amended to read: