AB940: Bill Text

AB940, s. 11 Section 11. 5.15 (2) (ce) of the statutes is created to read:

AB940,10,5 5.15 (2) (ce) If a block contains a facility that is owned or operated by this state or by the federal government and that is used to confine persons convicted of felonies or if a block contains a center for the developmentally disabled, the city, village or town may divide the block in assembling into wards.

AB940, s. 12 Section 12. 5.15 (2) (cm) of the statutes is amended to read:

AB940,10,15 5.15 (2) (cm) Any division of blocks under this section on the basis of population shall be based on the best evidence available. In this paragraph, "best evidence" includes, but is not limited to, the population of the block and other information received from the U.S. bureau of the census and such data as number of housing units, utility connections and vehicle registrations or a special census conducted locally. For Except as provided in sub. (6) (a), for each ward so established, the population estimate shall be correlated with the results of the most recent federal decennial census of population, so that the total population reported for all wards in the municipality agrees with the census results.

AB940, s. 13 Section 13. 5.15 (2) (d) of the statutes is renumbered 5.15 (2) (d) (intro.) and amended to read:

AB940,10,24 5.15 (2) (d) (intro.) Every municipality shall make a good faith effort to accommodate the tentative plan submitted by the county or counties in which it is located under s. 59.10 (2) (a) or (3) (b) 1., and shall divide itself into wards authorized under par. (b) in such a manner that will permit the creation of county supervisory districts in accordance with the population requirements for the plan specified in tentative plan submitted by the county or counties in which it is located under s. 59.10 (2) (a) or (3) (b) 1. unless the tentative plan would:

AB940, s. 14 Section 14. 5.15 (2) (d) 1. to 5. of the statutes are created to read:

AB940,11,2 5.15 (2) (d) 1. Unduly dilute the voting strength of a racial or language minority group.

AB940,11,5 2. Require the creation of a ward composed of noncontiguous territory, except territory which is separated from the municipality by another municipality or by water, or both.

AB940,11,7 3. Require the creation of a ward composed of territory that is not as compact as practicable.

AB940,11,9 4. Unduly bifurcate a manifest social, economic or political community of interest.

AB940,11,11 5. Require the creation of a ward that would unduly favor a particular individual or political party.

AB940, s. 15 Section 15. 5.15 (2) (e) of the statutes is repealed.

AB940, s. 16 Section 16. 5.15 (2) (f) of the statutes is repealed.

AB940, s. 17 Section 17. 5.15 (2) (fm) of the statutes is created to read:

AB940,11,23 5.15 (2) (fm) If territory becomes a part of a city, village or town after the date on which the county in which the territory is located adopts a tentative supervisory district plan under s. 59.10 (2) (a) or (3) (b) 1., each parcel of contiguous territory added to the city, village or town shall constitute a separate whole ward as of the date on which the addition occurs. The territory shall continue to constitute a separate whole ward until the city, village or town adopts a subsequent decennial ward plan, unless the boundaries of the ward are adjusted to reflect an act of the legislature redistricting legislative districts under article IV, section 3, of the constitution or redistricting congressional districts.

AB940, s. 18 Section 18. 5.15 (2) (g) of the statutes is amended to read:

AB940,12,4 5.15 (2) (g) If a block is affected by an a valid annexation or detachment which establishes a municipal boundary that subdivides the block, the municipalities in which the block is contained shall incorporate only the portion of the block contained within their boundaries in their ward plans division ordinances or resolutions.

AB940, s. 19 Section 19. 5.15 (4) (a) of the statutes is amended to read:

AB940,13,3 5.15 (4) (a) The division ordinance or resolution shall number all wards in the municipality in with unique whole numbers in consecutive order, beginning with the number one, shall designate the polling place for each ward, and shall describe the boundaries of each ward consistent with the conventions set forth in s. 4.003. The ordinance or resolution shall be accompanied by a list of the block numbers used by the U.S. bureau of the census that are wholly or partly contained within each ward, with any block numbers partly contained within a ward identified, and a map of the municipality which illustrates the revised ward boundaries. If the legislature, in an act redistricting legislative districts under article IV, section 3, of the constitution, or in redistricting congressional districts, establishes a district boundary that does not coincide with the boundary of a ward established under an ordinance or resolution, the municipal governing body shall, no later than May 15 of the 2nd year following the year of the federal decennial census of population on which the act is based, amend the ordinance or resolution to reflect the act. The amended ordinance or resolution shall designate the polling place for any ward that is created to reflect the legislative act. If a municipality enacts a division ordinance or adopts a division resolution that includes territory that is added to the municipality after the date on which the county in which the territory is located adopts a tentative supervisory district plan under s. 59.10 (2) (a) or (3) (b) 1., each ward that is comprised of the added territory shall be consecutively numbered, beginning with the whole number following the last number used in the decennial ward plan, in the sequence in which the ward is added to the municipality, and shall bear the letter "A" following the ward number.

AB940, s. 20 Section 20. 5.15 (4) (b) of the statutes is amended to read:

AB940,13,23 5.15 (4) (b) Within 5 days after adoption or enactment of an a division ordinance or resolution under this section or any amendment thereto, the municipal clerk shall transmit file one copy of the ordinance or resolution to or the amendment with the county clerk of each county in which the municipality is contained located, accompanied by the list and map specified in par. (a). If the population of the municipality exceeds 10,000, the municipal clerk shall furnish one copy to the legislative reference bureau at the same time If a ward division includes territory that was annexed to the municipality after January 1 of the year of the federal decennial census of population, the municipal clerk shall identify, for each annexation, the block number or numbers and the municipality or municipalities from which the territory was detached. No later than 10 days after receipt of a copy of a division ordinance or resolution, accompanied by the list and map specified in par. (a), the county clerk shall file with the legislative reference bureau one copy of the ordinance or resolution, accompanied by the list and map. Upon receipt, the legislative reference bureau shall provide the board with one copy of each ordinance or resolution received under this section, accompanied by the list and map. Each copy filed under this paragraph shall identify the name of the municipality and the county or counties in which it is located. A copy may be filed under this paragraph either in electronic or paper format.

AB940, s. 21 Section 21. 5.15 (4) (c) of the statutes is created to read:

AB940,14,13 5.15 (4) (c) If a municipal clerk fails to file a copy of a division ordinance or resolution, accompanied by the list and map specified in par. (a), within the time period prescribed under par. (b), the municipality is liable to the state for any additional costs that are incurred by the elections board and by the legislature and legislative service agencies in recording ward data and that are caused by the untimely filing. If a county clerk fails to file a copy of a division ordinance or resolution, accompanied by the list and map specified in par. (a), within the time period prescribed under par. (b), the county is liable to the state for any additional costs that are incurred by the elections board and by the legislature and legislative service agencies in recording ward data and that are caused by the untimely filing. The legislative reference bureau may compile all additional costs for which a municipality or county is liable under this paragraph and may submit a statement of these costs to the appropriate municipal or county clerk.

AB940, s. 22 Section 22. 5.15 (5) of the statutes is repealed.

AB940, s. 23 Section 23. 5.15 (6) (a) of the statutes is amended to read:

AB940,14,21 5.15 (6) (a) Following any municipality-wide special federal census of population, the governing body of the municipality in which the special census was held may, by ordinance or resolution, adjust the ward boundaries to correlate with the results of the census, but no ward line adjustment may cross the boundary of an assembly district. The municipal clerk shall transmit file copies of the ordinance or resolution in compliance with sub. (4) (b).

AB940, s. 24 Section 24. 5.15 (7) of the statutes is amended to read:

AB940,15,5 5.15 (7) If a new town is created or if part of a town is annexed to a city or village during a decennial period after the period for ward adjustments under sub. (1) (b), the town board of any the new town to which territory is attached or of the town from which territory is detached, without regard to the time provisions of sub. (1) (b), may, by ordinance or resolution, adjust the wards in that town, but no ward line adjustment may cross the boundary of an assembly district. The town clerk shall transmit file copies of the ordinance or resolution making the adjustment in compliance with sub. (4) (b).

AB940, s. 25 Section 25. 5.15 (8) of the statutes is amended to read:

AB940,15,9 5.15 (8) Until divided, all Every municipality that is divided into wards shall hold all elections are held in the established wards, until adjusted or revised under this section.

AB940, s. 26 Section 26. 20.510 (1) (k) of the statutes is created to read:

AB940,15,13 20.510 (1) (k) Ward data recording. All moneys received from municipalities under s. 5.15 (4) (c) for additional costs of recording ward data incurred by the board as a result of late reports, to be used for that purpose.

AB940, s. 27 Section 27. 59.10 (2) (a) of the statutes is amended to read:

AB940,16,9 59.10 (2) (a) Composition; supervisory districts. Within 60 90 days after the population count by census block, established in the decennial federal census of population, and maps showing the location and numbering of census blocks become available in printed form from the federal government or are published for distribution by an agency of this state, but no later than July 1 following the year of each decennial census, the board shall adopt and transmit to the governing body of each city and village wholly or partially contained within the county a tentative county supervisory district plan to be considered by the cities and villages when dividing into wards. The tentative plan shall specify the number of supervisors to be elected and shall divide the county into a number of districts equal to the number of supervisors, with each district substantially equal in population and consisting of contiguous whole wards. Except as otherwise provided in this paragraph, the board shall develop and adopt the tentative plan in accordance with sub. (3) (b) 1. The tentative plan shall not include provision for division of any census block, as utilized by the U.S. bureau of the census in the most recent federal decennial census of population, unless the block is bisected by a municipal boundary or unless a division is required to enable creation of supervisory districts that are substantially equal in population. The board shall adopt a final plan by enacting an ordinance in accordance with sub. (3) (b) 2. to 4. Changes to the final plan shall be governed by sub. (3) (c).

AB940, s. 28 Section 28. 59.10 (3) (b) 1. of the statutes is amended to read:

AB940,17,18 59.10 (3) (b) 1. Within 60 90 days after the population count by census block, established in the decennial federal census of population, and maps showing the location and numbering of census blocks become available in printed form from the federal government or are published for distribution by an agency of this state, but no later than July 1 following the year of each decennial census, each board shall propose a tentative county supervisory district plan setting forth the number of supervisory districts proposed by the board and tentative boundaries or a description of boundary requirements, hold a public hearing on the proposed plan and adopt a tentative plan. The proposed plan may be amended after the public hearing. The tentative plan shall divide the county into a number of districts equal to the number of supervisors, with each district being substantially equal in population. The board shall solicit suggestions from municipalities concerning the development of an appropriate plan. The board shall transmit to each municipal governing body in the county the tentative plan that is adopted. Each district shall consist of whole wards or municipalities. Each district shall be designated to be represented by one supervisor, and all districts shall be substantially equal in population. and shall attempt to incorporate the suggestions to the extent feasible. Territory within each proposed supervisory district under the plan shall be contiguous, except that territory surrounded by water or noncontiguous territory that is separated by the territory of another municipality, by water or by both from the major part of the municipality to which the noncontiguous territory belongs may be combined with noncontiguous territory within the same municipality to form a supervisory district. In the tentative plan, the board shall, whenever possible, place whole contiguous municipalities or contiguous parts of the same municipality within the same district. If the division of a municipality is sought by the board, the board shall provide with the plan a written statement to the municipality affected by each proposed division specifying the approximate location of the territory from which a ward is sought to be created for contiguity purposes and the approximate population of the ward proposed to effectuate the division The tentative plan shall not include provision for division of any census block unless the block is bisected by a municipal boundary or unless a division is required to enable creation of supervisory districts that are substantially equal in population. The board shall transmit to each municipal governing body in the county a copy of the tentative plan that is adopted.

AB940, s. 29 Section 29. 59.10 (3) (b) 2. of the statutes is amended to read:

AB940,18,12 59.10 (3) (b) 2. Within 60 180 days after every municipality in the county adjusts its wards under s. 5.15 the population count by census block, established in the decennial federal census of population, and maps showing the location and numbering of census blocks become available in printed form from the federal government or are published for distribution by an agency of this state, the board shall hold a public hearing and shall then adopt a final supervisory district plan, numbering each district. Wards within each supervisory district created by the plan shall be contiguous, except that one or more wards located within a city or village which is wholly surrounded by another city or water, or both, may be combined with one or more noncontiguous wards, or one or more wards or portions of wards consisting of island territory as defined in s. 5.15 (2) (f) 3. surrounded by water or noncontiguous territory that is separated by the territory of another municipality, by water or by both from the major part of the municipality to which the noncontiguous territory belongs may be combined with one or more noncontiguous wards or portions of wards within the same municipality, to form a supervisory district. Except as required to reflect a change authorized under s. 5.15 (2) (d) in a municipal ward division and except as required under subd. 2m., the final plan shall not be inconsistent with the tentative plan.

AB940, s. 30 Section 30. 59.10 (3) (b) 2m. of the statutes is created to read:

AB940,19,2 59.10 (3) (b) 2m. The populations of supervisory districts under the tentative plan shall be determined on the basis of the federal decennial census of population and any official corrections to the census issued on or before the date that the tentative plan is adopted to reflect the correct population of the county and municipalities and blocks within the county on April 1 of the year of the census. The populations of supervisory districts under the final plan shall be determined on the basis of the federal decennial census of population and any official corrections to the census to reflect the correct populations of the county and the municipalities and blocks within the county on April 1 of the year of the census, if the corrections as they affect any municipality are issued prior to division of the municipality into wards under s. 5.15, or if a municipality is not divided into wards, prior to adoption of the final plan. In this subdivision, an official correction does not include the substitution of an estimate for an actual population count.

AB940, s. 31 Section 31. 59.10 (3) (b) 4. of the statutes is amended to read:

AB940,19,14 59.10 (3) (b) 4. The chairperson of the board shall file a certified copy of the final districting plan with the secretary of state. Upon receipt, the secretary of state shall provide the legislative reference bureau with one copy of each final districting plan received under this subdivision. Upon receipt, the legislative reference bureau shall provide the state elections board with one copy of each final districting plan received under this subdivision. A copy may be filed under this subdivision either in electronic or paper format. Unless otherwise ordered under sub. (6), a plan enacted and filed with the secretary of state under this paragraph, together with any amendment enacted and filed under par. (c), remains in effect until the plan is superseded by a subsequent plan enacted under this paragraph and a certified copy of that plan is filed with the secretary of state.

AB940, s. 32 Section 32. 59.10 (3) (c) of the statutes is renumbered 59.10 (3) (c) 1. and amended to read:

AB940,19,25 59.10 (3) (c) 1. After the enactment of a plan of supervisory districts under par. (b), the board may amend the plan to reflect a municipal incorporation, annexation, detachment or consolidation may serve as a basis for altering between federal decennial censuses the boundaries of supervisory districts, in the discretion of the board. The number of supervisory districts in the county shall not be changed by any action under this paragraph. Any plan of county supervisory districts enacted under par. (b) may be amended under this paragraph but shall remain in effect as amended until superseded by another plan enacted by the board under par. (b) and filed subdivision.

AB940,20,6 3. The chairperson of the board shall file a certified copy of any amended plan under this paragraph with the secretary of state. Upon receipt, the secretary of state shall provide the legislative reference bureau with one copy of the amended plan. Upon receipt, the legislative reference bureau shall provide the state elections board with one copy of the amended plan. A copy may be filed under this subdivision either in electronic or paper format.

AB940, s. 33 Section 33. 59.10 (3) (c) 2. of the statutes is created to read:

AB940,20,11 59.10 (3) (c) 2. Within 45 days after enactment or adoption of a revised division ordinance or resolution under s. 5.15 (4) (a), the board shall amend the county supervisory district plan under par. (b) to reflect any renumbering of the wards specified in the plan.

AB940, s. 34 Section 34. 59.10 (6) of the statutes is amended to read:

AB940,20,24 59.10 (6) Enforcement of division requirement. If a county fails to comply with sub. (2) (a) or (3) (b), any municipality located in whole or in part within the county or any elector of the county may submit to the circuit court for the county within 14 days from the expiration of either 60-day 90-day period under sub. (2) (a) or (3) (b) a proposed tentative supervisory district plan or a final plan for creation of supervisory districts in compliance with this section. If the court finds that the existing division of the county into supervisory districts fails to comply with this section, it shall review the plan submitted by the petitioner and after reasonable notice to the county may promulgate the plan, or any other plan in compliance with this section, as a temporary supervisory district and the plan shall be in effect until superseded by a districting a plan adopted by the board in compliance with this section.

AB940, s. 35 Section 35. 62.08 (1) of the statutes is amended to read:

AB940,21,17 62.08 (1) Within 60 days after the wards have been readjusted under s. 5.15 (1) and (2) the common council of every city, including any every 1st class city of the first class, shall redistrict the boundaries of its aldermanic districts, by an ordinance introduced at a regular meeting of the council, published as a class 2 notice, under ch. 985, and thereafter adopted by a majority vote of all the members of the council, so that all aldermanic districts are as compact in area as possible and contain, as nearly as practicable by combining contiguous whole wards, an equal number of inhabitants according to the most recent decennial federal census of population. The populations of the aldermanic districts shall be determined on the basis of the federal decennial census of population and any official corrections to the census to reflect the correct populations of the municipality and the census blocks within the municipality on April 1 of the year of the census, if the corrections are issued prior to division of the municipality into wards under s. 5.15. In this subsection, an official correction does not include the substitution of an estimate for an actual population count. Within 45 days after enactment or adoption of a revised division ordinance or resolution under s. 5.15 (4) (a), the common council shall amend the aldermanic district plan to reflect any renumbering of the wards specified in the plan.

AB940, s. 36 Section 36. 62.08 (2) of the statutes is repealed.

AB940, s. 37 Section 37. 66.021 (7) (b) of the statutes is repealed.

AB940, s. 38 Section 38. 66.021 (8) (a) of the statutes is amended to read:

AB940,22,18 66.021 (8) (a) The clerk of a city or village which has annexed territory shall file immediately with the secretary of state a certified copy of the ordinance, certificate and plat, and shall send one copy to each company that provides any utility service in the area that is annexed. The clerk shall also record the ordinance with the register of deeds and file a signed copy of the ordinance with the clerk of any affected school district. Failure Except as provided in this paragraph, failure to file, record or send shall not invalidate the annexation and the duty to file, record or send shall be a continuing one. The An annexation of territory that establishes a municipal boundary that subdivides a census block is not valid until the clerk of the city or village to which the territory is annexed files with the secretary of state the certified copy of the ordinance, certificate and plat required under this paragraph, together with a certified estimate of the population of the territory on the effective date of the annexation, according to the latest federal decennial census of population. Any ordinance that is filed, recorded or sent under this paragraph shall describe the annexed territory and the associated population, and shall identify the census block number or numbers of the annexed territory and the municipality or municipalities from which the annexed territory was detached. The information filed with the secretary of state shall be utilized in making recommendations for adjustments to entitlements under the federal revenue sharing program and for distribution of funds under ch. 79. The clerk shall certify annually to the secretary of state and record with the register of deeds a legal description of the total boundaries of the municipality as those boundaries existed on December 1, unless there has been no change in the 12 months preceding.

AB940, s. 39 Section 39. 66.021 (8) (b) of the statutes is amended to read:

AB940,23,5 66.021 (8) (b) Within 10 days of receipt of the ordinance, certificate and plat, the secretary of state shall forward 2 copies of the ordinance, certificate and plat to the department of transportation, one copy to the department of administration, one copy to the department of revenue, one copy to the department of public instruction, one copy to the department of commerce, one copy to the department of natural resources, one copy to the department of agriculture, trade and consumer protection, one copy to the legislative reference bureau and 2 copies to the clerk of the municipality from which the territory was annexed. The secretary of state shall provide the legislative reference bureau with one copy of any certified estimate of population received under par. (a), along with any copies required under this paragraph.

AB940, s. 40 Section 40. 66.021 (8) (d) of the statutes is created to read:

AB940,23,8 66.021 (8) (d) A copy may be filed under this subsection either in electronic or paper format.

AB940, s. 41 Section 41. 66.021 (15) of the statutes is amended to read:

AB940,24,6 66.021 (15) Annexation of town islands. Upon its own motion, a city or village by a two-thirds vote of the entire membership of its governing body may enact an ordinance annexing territory which comprises a portion of a town or towns and which was completely surrounded by territory of the city or village on December 2, 1973. The ordinance shall include all surrounded town areas except those exempt by mutual agreement of all of the governing bodies involved. The annexation ordinance shall contain a legal description of the territory and the name of the town or towns from which the territory is detached and shall identify the census block number or numbers of the territory. Upon enactment of the ordinance, the city or village clerk immediately shall file 6 7 certified copies of the ordinance in the office of the secretary of state, together with 6 7 copies of a scale map. The secretary of state shall forward 2 copies of the ordinance and scale map to the department of transportation, one copy to the department of natural resources, one copy to the department of revenue and one copy to the department of administration and one copy to the legislative reference bureau. A copy may be filed under this subsection in either electronic or paper format. This subsection does not apply if the town island was created only by the annexation of a railroad right-of-way or drainage ditch. This subsection does not apply to land owned by a town government which has existing town government buildings located thereon. No town island may be annexed under this subsection if the island consists of over 65 acres or contains over 100 residents. After December 2, 1973, no city or village may, by annexation, create a town area which is completely surrounded by the city or village.

AB940, s. 42 Section 42. 66.021 (16) of the statutes is repealed.

AB940, s. 43 Section 43. 66.022 (6) of the statutes is repealed.

AB940, s. 44 Section 44. 66.025 of the statutes is amended to read:

AB940,25,3 66.025 Annexation of owned territory. In addition to other methods provided by law and subject to ss. 59.692 (7) and 66.023 (7), territory owned by and lying near but not necessarily contiguous to a village or city may be annexed to a village or city by ordinance enacted by the board of trustees of the village or the common council of the city, provided that in the case of noncontiguous territory the use of the territory by the city or village is not contrary to any town or county zoning regulation. The ordinance shall contain the exact description of the territory annexed territory and the names of the towns name of each town from which the territory was detached, and shall identify the census block number or numbers of the annexed territory. The ordinance shall operate to attach the territory to the village or city upon the filing of 6 7 certified copies thereof in the office of the secretary of state, together with 6 7 copies of a plat showing the boundaries of the territory attached and any information concerning the population of the territory required under s. 66.021 (8) (a). Two copies of the ordinance and plat shall be forwarded by the secretary of state to the department of transportation, one copy to the department of natural resources, one copy to the department of revenue and, one copy to the department of public instruction and one copy to the legislative reference bureau. A copy may be filed under this subsection in either electronic or paper format.

AB940, s. 45 Section 45. 119.08 (1) (b) of the statutes is amended to read:

AB940,25,12 119.08 (1) (b) Within 60 days after the common council of the city enacts an ordinance determining the boundaries of the aldermanic districts in the city or adopts a resolution under s. 5.15 (1) (b) dividing the city into wards following the federal decennial census under s. 62.08 (1), the board shall, by vote of a majority of the membership of the board, adopt an election district apportionment plan for the election of board members which shall be effective until the city enacts a new ordinance or adopts a new resolution under s. 62.08 (1) redetermining the aldermanic district 5.15 prescribing revised ward boundaries.

AB940,25,13 (End)