LRB-4825/1
RJM/JTK/MES:all:jf
1999 - 2000 LEGISLATURE
March 28, 2000 - Introduced by
Joint committee on Legislative Organization.
Referred to Committee on Rules.
AB940,2,2
1An Act to repeal 5.15 (2) (e), 5.15 (2) (f), 5.15 (5), 62.08 (2), 66.021 (7) (b), 66.021
2(16) and 66.022 (6);
to renumber and amend 5.15 (2) (d) and 59.10 (3) (c);
to
3amend 5.15 (1) (a), 5.15 (1) (b), 5.15 (1) (c), 5.15 (2) (b) 1., 5.15 (2) (b) 2., 5.15
4(2) (b) 3., 5.15 (2) (b) 4., 5.15 (2) (bm), 5.15 (2) (cm), 5.15 (2) (g), 5.15 (4) (a), 5.15
5(4) (b), 5.15 (6) (a), 5.15 (7), 5.15 (8), 59.10 (2) (a), 59.10 (3) (b) 1., 59.10 (3) (b)
62., 59.10 (3) (b) 4., 59.10 (6), 62.08 (1), 66.021 (8) (a), 66.021 (8) (b), 66.021 (15),
766.025 and 119.08 (1) (b);
to repeal and recreate 4.002; and
to create 5.15 (2)
8(b) (intro.), 5.15 (2) (ce), 5.15 (2) (d) 1. to 5., 5.15 (2) (fm), 5.15 (4) (c), 20.510 (1)
9(k), 59.10 (3) (b) 2m., 59.10 (3) (c) 2. and 66.021 (8) (d) of the statutes;
relating
10to: division of municipalities into wards; redistricting of supervisory and
11aldermanic districts; election districts in 1st class city school systems;
1recording of certain municipal annexations; the effective date of certain
2annexation and detachment actions; and making an appropriation.
Analysis by the Legislative Reference Bureau
This bill makes various changes in the laws relating to municipal wards, county
supervisory districts, city aldermanic districts, election districts in first class city
school systems and municipal annexations and detachments.
Municipal ward plan revisions
Currently, under the state constitution, the legislature is directed to redistrict
legislative districts according to the number of inhabitants at its next session
following each federal census. At the same intervals, the legislature also
reapportions congressional districts in this state pursuant to federal law. Under
current state law, following each decennial federal census, most municipalities are
also required to divide their territory into wards, and counties and cities are required
to redistrict supervisory and aldermanic districts so that the districts contain, as
nearly as practicable, an equal number of inhabitants according to the census
results. With limited exceptions, wards are required to consist of one or more whole,
contiguous census blocks (the smallest geographic units for which census results are
available). Counties and municipalities are required to complete this action in three
steps, which in no case may conclude later than 180 days after publication of the
census results (usually by October of the year following the year of the census). If
counties or municipalities fail to adopt division plans, the courts may do so upon
petition by interested parties. Revised county and municipal district plans are used
to elect members of county boards of supervisors and common councils in the spring
of the second year following the year of the census. The legislative and congressional
redistricting plans are used to elect members of the legislature and members of
congress in the fall of the second year following the year of the census. Currently, the
legislature may adjust the boundaries of a municipal ward and use the revised ward
boundaries to create a legislative or congressional district.
This bill amends various laws to facilitate the legislative and congressional
redistricting process and directs counties and municipalities to revise their ward and
districting plans to reflect any legislative act establishing a legislative or
congressional district boundary that does not coincide with a ward or municipal
boundary.
County supervisory district plans
Currently, within 60 days after publication of the federal decennial census, each
county must adopt a tentative county supervisory district plan. Each municipality
must adopt a ward division plan, if it is required to do so, within 60 days after
adoption of a tentative county supervisory district plan by the county or counties in
which the municipality is located, and each county then must adopt a final
supervisory district plan within 60 days after every municipality in the county
adopts a ward division plan, if it is required to do so.
Currently, the tentative plan must include suggested boundaries or
information concerning the number of supervisors to be elected and a description of
boundary requirements. This bill provides for the tentative plan to include specific
boundaries for each proposed supervisory district. The bill also provides that, except
in counties having a population of 500,000 or more, the county board must attempt
to incorporate suggestions received from municipalities into the tentative plan, to
the extent feasible. The bill also provides that a final county supervisory district plan
must not be inconsistent with the tentative plan except to reflect an authorized
change made by a municipality in a municipal ward division or to reflect an official
correction to the census.
Accommodation of county requirements
Currently, each municipality must make a good faith effort to accommodate the
tentative plan submitted by the county or counties in which it is located in making
municipal ward divisions. This bill requires that each municipality establish wards
that will permit creation of county supervisory districts in accordance with the
tentative plan or plans submitted by the county or counties in which the municipality
is located unless the tentative plan would: 1) unduly dilute the voting strength of
a racial or language minority group; 2) require the creation of a ward composed of
noncontiguous territory, with limited exceptions; 3) require the creation of a ward
composed of territory that is not as compact as practicable; 4) unduly bifurcate a
manifest social, economic or political community of interest; or 5) require the
creation of a ward that would unduly favor a particular person or political party.
Minimum populations for wards
Currently, a municipality having a population of less than 10,000 may create
a ward with no fewer than 300 inhabitants. A municipality having a population of
at least 10,000 but less than 39,000 may create a ward with no fewer than 600
inhabitants. A municipality having a population of at least 39,000 but less than
150,000 may create a ward with no fewer than 800 inhabitants. Every other
municipality may create a ward with no fewer than 1,000 inhabitants.
This bill eliminates these minimum ward population requirements.
Creation of wards that subdivide blocks
Under current law, with certain limited exceptions, municipal wards must
consist of whole census blocks. Currently, an institution such as a prison or center
for the developmentally disabled may itself be a whole census block. In this case,
unless one of the limited exceptions applies, the entire institution must be included
in a single municipal ward, even if all or most of the residents of the institution are
not eligible to vote in an election. The district in which such an institution is located
may, as a result, have a significantly lower voting population than the other districts
within the municipality in which the district is located.
This bill creates a new exception authorizing a municipality, in creating wards,
to subdivide any census block containing a state or federal institution that is used
to confine felons or that is a state center for the developmentally disabled.
Annexations
Current law requires an annexation ordinance to include certain information,
such as a description of the annexed territory. In addition, under current law, the
clerk of any city or village that annexes territory must immediately file with the
secretary of state a certified copy of the annexation ordinance, along with a plat
showing the annexed area. However, failure to make this required filing does not
invalidate an annexation ordinance.
Under this bill, every annexation ordinance must also identify the census block
number or numbers of the annexed territory and each municipality from which the
territory was detached. In addition, this bill provides that an annexation of territory
by a city or village that establishes a municipal boundary that subdivides a census
block is invalid until the city or village furnishes to the secretary of state a certified
copy of the annexation ordinance, a plat showing the annexed area and an estimate
of the population of the area according to the most recent federal decennial census.
Currently, if new territory becomes a part of a municipality after adoption of a
decennial ward plan, the municipality may add the territory to an existing ward or
may create a separate ward consisting of that territory only. Under this bill, any such
territory annexed after the county in which the territory is located adopts a tentative
supervisory district plan must constitute a separate whole ward and must be
numbered with the letter "A" following the whole number assigned to the ward.
Filing of copies of municipal ward plans
Currently, within five days after adoption of a decennial ward plan, each
municipality is required to transmit a copy of the plan to the county clerk or board
of election commissioners of each county in which the municipality is located. If the
population of the municipality exceeds 10,000, the municipality is required to send
a copy to the legislative reference bureau.
Under this bill, a municipality need only file a ward plan with the county clerk
or board of election commissioners and the county clerk or board of election
commissioners must send to the legislative reference bureau a copy of the ward plan
no later than ten days after receipt. The legislative reference bureau must then
provide copies of each ward plan to the elections board. The bill clarifies that copies
may be filed in either electronic or paper format. In addition, the bill provides that,
if any municipality or county fails to file a ward plan within the time prescribed by
law, the municipality or county is liable to the elections board, the legislature and the
legislative service agencies for additional costs incurred in recording ward data as
a result of the delay.
Filing of final county supervisory district plans
Currently, the chairperson of each county board of supervisors must file with
the secretary of state a copy of the final county supervisory district plan. This bill
requires the secretary of state to forward a copy of the supervisory district plan to
the legislative reference bureau and requires the legislative reference bureau to
forward a copy to the elections board. The bill also clarifies that copies may be filed
in either electronic or paper format.
Time schedule for establishing election districts in 1st class city school
systems
Currently, within 60 days after a first class city (currently, only Milwaukee)
adopts an aldermanic district plan, the board of school directors of the city must
adopt an election district plan. Under this bill, a first class city board of school
directors must adopt an election district plan within 60 days after adoption of a
decennial ward plan rather than an aldermanic district plan.
Town ward numbering
Currently, when a town is divided into wards, the annual town meeting and
special town elections must be held in the first ward. The bill deletes that
requirement.
Incorporation of census corrections
Currently, decennial ward division plans, as well as decennial county
supervisory and city aldermanic district plans, are based on the federal decennial
census. The statutes do not treat the issue of corrections issued by the U.S. bureau
of the census. This bill provides that the ward plans and aldermanic district plans
shall reflect the census results, including any corrections, for the populations of
counties, municipalities and census blocks on April 1 of the year of the census, if
corrections are issued prior to adoption of a decennial ward plan, or if a municipality
that is affected by a correction is not divided into wards, prior to adoption of a county
supervisory district plan. Under the bill, an official correction does not include the
substitution of an estimate for an actual population count.
Territory included within ward plans
Currently, each municipal decennial ward division must include all territory
within a municipality on August 1 of the year following the federal decennial census.
This bill instead provides that each division must include all territory within a
municipality on the date of adoption of a tentative supervisory district plan by the
county in which the territory is located.
Effective date of certain annexation or detachment actions
Currently, during the period from April 1 to June 30 of the year following a
federal decennial census, if a city or village takes an annexation or detachment
action affecting land that is the subject of certain ordinances or resolutions
expressing the city's or village's intent not to annex or detach territory, the
annexation or detachment is effective on July 1 of that year or at such later date as
may be specified in the ordinance or resolution. The bill repeals that provision.
The bill also makes other minor technical changes in the law to facilitate the
ward division and legislative, county and municipal redistricting process.
For further information see the state and 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:
AB940, s. 1
1Section
1. 4.002 of the statutes is repealed and recreated to read:
AB940,6,4
24.002 Municipal wards; definition. In this chapter, "ward" means a
3municipal ward in effect on January 1 of the 2nd year following a federal decennial
4census.
AB940, s. 2
5Section
2. 5.15 (1) (a) of the statutes is amended to read:
AB940,7,106
5.15
(1) (a) Every city, village and town in this state shall by
ordinance or
7resolution of its common council or village or town board, respectively, be divided into
8wards as provided in this section, except as authorized in sub. (2). The boundaries
9of the wards established under this section, and the number assigned to each ward,
10are intended to be as permanent as possible, and to this end each ward shall when
11created contain a population at a convenient point within the applicable population
12range limitation under sub. (2) (b), with due consideration for the known trends of
13population increase or decrease within that part of the municipality in which the
14ward is located. Once established, the boundaries of each ward shall remain
15unchanged until a further decennial federal census of population indicates that the
16population of a ward is then above
or below the applicable population
range 17limitation or until the ward boundaries are required to be changed to permit creation
18of supervisory or aldermanic districts of substantially equal population or to enhance
19the participation of members of a racial or language minority group in the political
20process and their ability to elect representatives of their choice
, except as authorized
1or required under this section. If the population of a ward has increased above the
2maximum of its applicable population
range limitation or if the population of a ward
3must be decreased for a reason specified in this paragraph, the ward shall be divided
4into 2 or more wards or the boundaries of the ward shall be changed in compliance
5with sub. (2) (b). If
the population of a ward has decreased below the minimum of
6its population range or if the population of a ward must be increased for a reason
7specified in this paragraph,
whenever possible, the ward shall
, if possible, be
8combined with an adjoining ward, or the underpopulated ward and one adjoining
9ward shall be combined and together subdivided into 2 or more wards in compliance
10with sub. (2).
AB940, s. 3
11Section
3. 5.15 (1) (b) of the statutes is amended to read:
AB940,8,512
5.15
(1) (b) Except as authorized in sub. (2) (a), within 60 days after the receipt
13of a tentative supervisory district plan
and written statement, if any, from the county
14board of each county in which a municipality is located, the governing body of the
15municipality shall adjust its wards according to the schedule shown in sub. (2). All
16territory contained within the municipality, and only the territory so contained, on
17August 1 following the year of the federal decennial census the date of adoption of
18a tentative supervisory district plan under s. 59.10 (2) (a) or (3) (b) 1. by the county
19in which the territory is located shall be contained within a ward
established under
20the division ordinance or resolution. Except as authorized in sub. (2), each ward shall
21consist of whole blocks
, as utilized by the U.S. bureau of the census in the most recent
22federal decennial census of population. To suit the convenience of the voters residing
23therein each ward shall, as far as practicable, be kept compact and observe the
24community of interest of existing neighborhoods and other settlements. All territory
25within a ward shall be contiguous, except for
island territory
as defined in sub. (2)
1(f) 3 surrounded by water or noncontiguous territory that is separated by the
2territory of another municipality, by water or by both from the major part of the
3municipality to which the noncontiguous territory belongs. Enactment or adoption
4of a division ordinance or resolution requires the affirmative vote of a majority of the
5members of the governing body.
AB940, s. 4
6Section
4. 5.15 (1) (c) of the statutes is amended to read:
AB940,8,257
5.15
(1) (c)
The Unless adjusted under sub. (2) (fm), (6) (a) or (7) or unless a
8division is required to effect an act of the legislature redistricting legislative districts
9under article IV, section 3, of the constitution or redistricting congressional districts,
10the wards established by municipal governing bodies
in a division ordinance or
11resolution enacted or adopted under this section
on the basis of the published results
12of each federal decennial census of population shall govern the adjustment of
13supervisory districts under s. 59.10 (2) (a) and (3) (b)
2. and of aldermanic districts
14under s. 62.08 (1) for the purpose of local elections beginning on January 1 of the 2nd
15year commencing after the year of the census until revised under this section
on the
16basis of to correlate with the results of the next decennial census of population
unless
17adjusted under sub. (2) (f) 4., (6) (a) or (7), or unless adjusted, as a matter of statewide
18concern, in the enactment of legislative districts under article IV, section 3, of the
19constitution on the basis of the most recent decennial census of population. The
20populations of wards under each decennial ward division shall be determined on the
21basis of the federal decennial census of population and any official corrections to the
22census issued on or before the date of adoption of the ward division to reflect the
23correct populations of the municipality and the blocks within the municipality on
24April 1 of the year of the census. In this paragraph, an official correction does not
25include the substitution of an estimate for an actual population count.
AB940, s. 5
1Section
5. 5.15 (2) (b) (intro.) of the statutes is created to read:
AB940,9,52
5.15
(2) (b) (intro.) Except for wards created to reflect an act of the legislature
3redistricting legislative districts under article IV, section 3, of the constitution or
4redistricting congressional districts and except as authorized under pars. (c) and (fm)
5and sub. (7), wards shall contain no more than the following numbers of inhabitants:
AB940, s. 6
6Section
6. 5.15 (2) (b) 1. of the statutes is amended to read:
AB940,9,87
5.15
(2) (b) 1. In any city in which the population is at least 150,000,
each ward
8shall contain not less than 1,000 nor more than 4,000 inhabitants.
AB940, s. 7
9Section
7. 5.15 (2) (b) 2. of the statutes is amended to read:
AB940,9,1110
5.15
(2) (b) 2. In any city in which the population is at least 39,000 but less than
11150,000,
each ward shall contain not less than 800 nor more than 3,200 inhabitants.
AB940, s. 8
12Section
8. 5.15 (2) (b) 3. of the statutes is amended to read:
AB940,9,1513
5.15
(2) (b) 3. In any city, village or town in which the population is at least
1410,000 but less than 39,000,
each ward shall contain not less than 600 nor more than 152,100 inhabitants.
AB940, s. 9
16Section
9. 5.15 (2) (b) 4. of the statutes is amended to read:
AB940,9,1817
5.15
(2) (b) 4. In any city, village or town in which the population is less than
1810,000,
each ward shall contain not less than 300 nor more than 1,000 inhabitants.
AB940, s. 10
19Section
10. 5.15 (2) (bm) of the statutes is amended to read:
AB940,9,2520
5.15
(2) (bm) Every city electing the members of its common council from
21aldermanic districts shall assemble the blocks wholly or partially contained within
22the city into wards that will enable the creation of aldermanic districts that are
23substantially equal in population.
If a block is partly contained within the city, the
24city shall divide the block to form a ward containing the portion of the block that lies
25within the city.