AB2: Bill Text

LRB-1520/1

JTK:kg:ch/cmh/kjf

2001 - 2002 LEGISLATURE

2001 Assembly BILL 2

January 16, 2001 - Introduced by Representatives Skindrud, Jensen, Walker, Ward, Ainsworth, Bies, Freese, Gunderson, Hahn, Hoven, Huebsch, Jeskewitz, Krawczyk, Ladwig, F. Lasee, Leibham, McCormick, D. Meyer, Nass, Rhoades, Stone, Urban, Vrakas, Albers and Friske, cosponsored by Senator Welch. Referred to Committee on Tax and Spending Limitations.

AB2,1,9 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), 38.15 (1), 59.08 (7) (b), 59.605 (3) (a) 1., 60.62 (2), 60.74 (5) (b), 61.187 (1), 61.46 (1), 62.09 (1) (a), 64.03 (1), 64.39 (3), 66.0101 (8), 66.0217 (7) (a) 3., 66.0219 (4) (b), 66.0227 (3), 66.0619 (2m) (b), 66.0815 (1) (c), 66.0921 (2), 66.1103 (10) (d), 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) (intro.), 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

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), or concurrently with 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. However, the bill creates a state referendum appeal board consisting of the governor, the senate majority leader, the senate minority leader, the speaker of the assembly, and the assembly minority leader or their designees, which is empowered to permit a local government to hold a referendum on a date that is not otherwise permitted if the board finds 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.

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:

AB2, s. 1 Section 1. 7.15 (2) (d) of the statutes is amended to read:

AB2,2,11 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.

AB2, s. 2 Section 2. 8.05 (3) (d) and (e) of the statutes are amended to read:

AB2,3,6 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 to be held in the town or at a special election called for the purpose. When a petition requesting adoption of the nonpartisan primary conforming to the requirements of s. 8.40 signed by at least 20 electors of the town is filed with the town clerk as provided in s. 8.37, the question shall be submitted to a vote.

AB2,3,11 (e) Petitions requesting a vote on the question at a regular town election shall be filed in accordance with s. 8.37 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.

AB2, s. 3 Section 3. 8.06 of the statutes is amended to read:

AB2,3,16 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.

AB2, s. 4 Section 4. 8.065 of the statutes is created to read:

AB2,3,19 8.065 Scheduling of referenda. (1) In this section, "local governmental unit" has the meaning given in s. 16.97 (7).

AB2,4,3 (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 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 or unless authorized under sub. (3), 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.

AB2,4,17 (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 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 4 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 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.

AB2, s. 5 Section 5. 9.20 (4) of the statutes is amended to read:

AB2,5,5 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.

AB2, s. 6 Section 6. 15.615 of the statutes is created to read:

AB2,5,7 15.615 Same; attached boards.

AB2,5,12 (2) Referendum appeal board. There is created a referendum appeal board which is attached to the elections board under s. 15.03. The referendum appeal board shall consist of the governor, the senate majority leader, the senate minority leader, the speaker of the assembly, and the assembly minority leader or the designees of these persons. Members of the board shall serve for indefinite terms.

AB2, s. 7 Section 7. 24.66 (3) (b) of the statutes is amended to read:

AB2,5,20 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).

AB2, s. 8 Section 8. 24.66 (4) of the statutes is amended to read:

AB2,6,4 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 question to be voted on shall be filed as provided in s. 8.37. The notice of the election referendum shall state the amount of the proposed loan and the purpose for which it will be used.

AB2, s. 9 Section 9. 32.72 (1) of the statutes is amended to read:

AB2,6,12 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?". The question shall be filed as provided in s. 8.37.

AB2, s. 10 Section 10. 38.15 (1) of the statutes is amended to read:

AB2,7,2 38.15 (1) Subject to sub. (3), if the district board intends to make a capital expenditure in excess of $500,000, excluding moneys received from gifts, grants or federal funds, for the acquisition of sites, purchase or construction of buildings, the lease/purchase of buildings if costs exceed $500,000 for the lifetime of the lease, building additions or enlargements or the purchase of fixed equipment relating to any such activity, it shall adopt a resolution stating its intention to do so and identifying the anticipated source of revenue for each project and shall submit the resolution to the electors of the district for approval. The referendum may be held at any election authorized under s. 8.065 and shall be noticed, called and conducted as provided in s. 67.05 (3) insofar as applicable. For the purposes of this section, all projects located on a single campus site within one district which are bid concurrently or which are approved by the board under s. 38.04 (10) within a 2-year period shall be considered as one capital expenditure project.

AB2, s. 11 Section 11. 59.08 (7) (b) of the statutes is amended to read:

AB2,7,14 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 the day fixed in a date specified in the order which shall be no sooner than 45 days after the 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 as provided in s. 8.37. If the question of consolidation is submitted at a special election, it shall be held not less than 42 days nor more than 60 days from the completion of the consolidation agreement, but not within 60 days of any spring or general election.

AB2, s. 12 Section 12. 59.605 (3) (a) 1. of the statutes is amended to read:

AB2,8,3 59.605 (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 authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) that occurs not earlier than 42 days after the adoption of the resolution of the governing body. The governing body shall file the resolution to be submitted to the electors as provided in s. 8.37.

AB2, s. 13 Section 13. 60.62 (2) of the statutes is amended to read:

AB2,8,9 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. The question for the referendum vote shall be filed as provided in s. 8.37.

AB2, s. 14 Section 14. 60.74 (5) (b) of the statutes is amended to read:

AB2,8,22 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). The petition shall be filed as provided in s. 8.37. 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 by the town board. 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.

AB2, s. 15 Section 15. 61.187 (1) of the statutes is amended to read:

AB2,9,8 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, and filed as provided in s. 8.37, 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.

AB2, s. 16 Section 16. 61.46 (1) of the statutes is amended to read:

AB2,9,22 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 adoption of the resolution 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. The village board shall file the question as provided in s. 8.37.

AB2, s. 17 Section 17. 62.09 (1) (a) of the statutes is amended to read:

AB2,9,25 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. 66.0211 (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.

AB2, s. 18 Section 18. 64.03 (1) of the statutes is amended to read:

AB2,10,17 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.

AB2, s. 19 Section 19. 64.39 (3) of the statutes is amended to read:

AB2,10,24 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.

AB2, s. 20 Section 20. 66.0101 (8) of the statutes is amended to read:

AB2,11,9 66.0101 (8) A charter ordinance enacted or approved by a vote of the electors controls over any prior or subsequent act of the legislative body of the city or village. If 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 on the question, 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.

AB2, s. 21 Section 21. 66.0217 (7) (a) 3. of the statutes is amended to read:

AB2,12,5 66.0217 (7) (a) 3. If the notice indicates that the petition is for a referendum on the question of annexation, the clerk of the city or village shall file the notice as provided in s. 8.37. If the notice indicates that the petition is for a referendum on the question of annexation, the town clerk shall give notice as provided in par. (c) of a referendum of the electors residing in the area proposed for annexation to be held at the next election permitted under s. 8.065 (2) or an election authorized under s. 8.065 (3), but not less than 42 days nor more than 72 days after the date of personal service or mailing of the notice required under this paragraph. If the notice indicates that the petition is for direct annexation, no referendum shall be held unless within 30 days after the date of personal service or mailing of the notice required under this paragraph, a petition conforming to the requirements of s. 8.40 requesting a referendum is filed with the town clerk as provided in s. 8.37, signed by at least 20% of the electors residing in the area proposed to be annexed. If a petition requesting a referendum is filed, the clerk shall give notice as provided in par. (c) of a referendum of the electors residing in the area proposed for annexation to be held at the next election permitted under s. 8.065 (2) or an election authorized under s. 8.065 (3), but not less than 42 days nor more than 72 days after the receipt of the petition and shall mail a copy of the notice to the clerk of the city or village to which the annexation is proposed. The referendum shall be held at a convenient place within the town to be specified in the notice.

AB2, s. 22 Section 22. 66.0219 (4) (b) of the statutes is amended to read:

AB2,12,14 66.0219 (4) (b) The referendum election shall be held at the next election permitted under s. 8.065 (2) or an election authorized under s. 8.065 (3), but not less than 42 days nor more than 72 days after the filing of the order as provided in s. 8.37, in the territory proposed for annexation, by the electors of that territory as provided in s. 66.0217 (7), so far as applicable. The ballots shall contain the words "For Annexation" and "Against Annexation". The certification of the election inspectors shall be filed with the clerk of the court, and the clerk of any municipality involved, but need not be filed or recorded with the register of deeds.

AB2, s. 23 Section 23. 66.0227 (3) of the statutes is amended to read:

AB2,13,9 66.0227 (3) The governing body of a city, village or town involved may, or if a petition conforming to the requirements of s. 8.40 signed by a number of qualified electors equal to at least 5% of the votes cast for governor in the city, village or town at the last gubernatorial election, demanding a referendum, is presented to it within 30 days after the passage of either of the ordinances under sub. (2) shall, submit the question to the electors of the city, village or town whose electors petitioned for detachment, at a referendum election called for that purpose held at the next election permitted under s. 8.065 (2) or an election authorized under s. 8.065 (3) but not less than 42 days nor more than 72 days after the filing of the petition, or after the enactment of either ordinance. The petition shall be filed as provided in s. 8.37. If a number of electors cannot be determined on the basis of reported election statistics, the number shall be determined in accordance with s. 60.74 (6). The governing body of the municipality shall appoint 3 election inspectors who are resident electors to supervise the referendum. The ballots shall contain the words "For Detachment" and "Against Detachment". The inspectors shall certify the results of the election by their attached affidavits and file a copy with the clerk of each town, village or city involved, and none of the ordinances may take effect nor be in force unless a majority of the electors approve the question. The referendum election shall be conducted in accordance with chs. 6 and 7 to the extent applicable.

AB2, s. 24 Section 24. 66.0619 (2m) (b) of the statutes is amended to read:

AB2,13,17 66.0619 (2m) (b) If a referendum is to be held on a resolution, the municipal governing body shall file the resolution as provided in s. 8.37 and 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.

AB2, s. 25 Section 25. 66.0815 (1) (c) of the statutes is amended to read:

AB2,14,6 66.0815 (1) (c) An ordinance under sub. (1) may not take effect until 60 days after passage and publication unless sooner approved by a referendum. Within the 60-day period electors equal in number to 20% of those voting at the last regular municipal election may file a petition requesting for a referendum. The petition shall be in writing and filed with the clerk and as provided in s. 8.37. The petition shall conform to the requirements of s. 8.40, except that each signer shall also state his or her. Each signer shall state his or her 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 authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) to be held not sooner than 45 days after filing of the petition. The ordinance may not take effect unless approved by a majority of the votes cast. This paragraph does not apply to extensions by a utility previously franchised by the village, city or town.

AB2, s. 26 Section 26. 66.0921 (2) of the statutes is amended to read:

AB2,14,14 66.0921 (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 authorized under s. 8.065 approve the question of entering into the joint contract.

AB2, s. 27 Section 27. 66.1103 (10) (d) of the statutes is amended to read: