JTK:wlj:rs
2005 - 2006 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO 2005 SENATE BILL 4
April 5, 2005 - Offered by Senator
Kanavas.
SB4-SSA1,1,3
1An Act to amend 59.10 (3) (c) (title) and 62.08 (4); and
to create 59.10 (3) (cm)
2and 62.08 (4m) of the statutes;
relating to: the size of the county board of
3supervisors in certain counties and the common council in certain cities.
Analysis by the Legislative Reference Bureau
Current law requires each county board to redistrict its supervisory districts
once every ten years based on the results of the decennial federal census, except that
in counties having a population of 500,000 or more (currently only Milwaukee
County) the board may, after enactment of a decennial redistricting plan, redistrict
to reduce the size of the board not more than once prior to November 15, 2010.
This substitute amendment permits the board of supervisors of any county with
a population of less than 500,000, except a county having only one town (currently,
all counties except Milwaukee and Menominee) to decrease the number of
supervisors on the board and adopt a new redistricting plan during the ten-year
period between the adoption of decennial redistricting plans. The substitute
amendment requires the redistricting plan to satisfy certain criteria that also apply
to decennial redistricting plans. For example, the substitute amendment requires
the districts created under the redistricting plan to be substantially equal in
population and in as compact a form as possible, and requires each district to contain
whole contiguous municipalities or contiguous parts of the same municipality. The
substitute amendment further requires the districts to consist of contiguous whole
wards in existence at the time at which the redistricting plan is adopted and requires
the original numbers of the districts in their geographic outlines, to the extent
possible, to be retained. In addition, the substitute amendment provides that if
members of the board of supervisors serve for staggered terms, the board may change
the expiration date of the term of any supervisor to an earlier date than the date
provided under current ordinance if required to implement redistricting or to
maintain staggering of the terms of members.
The substitute amendment also permits the electors of any county whose board
is permitted to enact an intradecade redistricting plan to require the enactment of
such a plan by petition and referendum at any time after the first election is held
following enactment of a decennial redistricting plan. Before circulating a petition,
the petitioner must register with the county clerk. Each signature on a petition must
be obtained within the 60-day period following registration. A petition must be
signed by a number of electors of the county equal to at least 25 percent of the total
votes cast for the office of supervisor at the most recent supervisory election. If a
valid petition is filed, a referendum must be held in the county at the next regularly
scheduled election that follows by at least 42 days after the date on which the county
clerk determines that a sufficient petition has been filed. The question must specify
the proposed number of members of the board. The substitute amendment also
provides that within 14 days after the last day for filing of an original petition one
or more alternative petitions may be filed specifying a different number of
supervisors to be elected. In this case, the electors may first choose whether to
support decreasing the size of the board and, if so, whether to support the proposed
size of the board specified in one of the petitions. If the first question is approved,
the size of the board must then conform to the choice winning a plurality of the votes
cast. If a question is approved, the county board must enact an ordinance prescribing
revised boundaries for the supervisory districts in the county in accordance with the
approved question at the referendum. The districts are subject to the same
requirements that apply to districts created by the board in an intradecade plan
enacted by the board.
Under the substitute amendment, if a plan is enacted by the county board
without a referendum, the plan takes effect on November 15 following its enactment
and first applies at the next election immediately preceding the expiration of terms
of office of supervisors in the county. If a plan is enacted pursuant to a referendum,
the county board has until November 15 following the date of the referendum, or if
the referendum is held at a November general election, until the second November
15 following the date of the referendum to enact a plan. The plan then applies to the
election of supervisors at the next election following that November 15 immediately
preceding the expiration of terms of office of supervisors in the county. The substitute
amendment permits the number of supervisors in a county to be decreased by the
board or by petition and referendum only one time after the adoption of each
decennial redistricting plan.
The substitute amendment also provides that, if in a city that is solely
contained within one county the aldermanic districts are coterminous with
supervisory districts, the common council may revise the boundaries of aldermanic
districts to maintain coterminous boundaries between aldermanic and supervisory
districts, and may change the expiration date of the terms of any council member to
an earlier date than the date provided under the current ordinance if required to
implement the redistricting or to maintain staggered terms.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB4-SSA1, s. 1
1Section
1. 59.10 (3) (c) (title) of the statutes is amended to read:
SB4-SSA1,3,22
59.10
(3) (c) (title)
Changes during decade
; municipal boundary adjustments.
SB4-SSA1, s. 2
3Section
2. 59.10 (3) (cm) of the statutes is created to read:
SB4-SSA1,4,34
59.10
(3) (cm)
Changes during decade; reduction in size. 1. `Number of
5supervisors; redistricting.' Except as provided in subd. 3, following the enactment
6of a decennial supervisory district plan under par. (b), the board may decrease the
7number of supervisors. In that case, the board shall redistrict, readjust, and change
8the boundaries of supervisory districts, so that the number of districts equals the
9number of supervisors, the districts are substantially equal in population according
10to the most recent countywide federal census, the districts are in as compact a form
11as possible, and the districts consist of contiguous whole wards in existence at the
12time at which the redistricting plan is adopted. In the redistricting plan, the board
13shall adhere to the requirements under par. (b) 2. and 3. with regard to contiguity
14and shall, to the extent possible, place whole contiguous municipalities or contiguous
15parts of the same municipality within the same district. In redistricting under this
16subdivision, the original numbers of the districts in their geographic outlines, to the
17extent possible, shall be retained. No plan may be enacted under this subdivision
18during review of the sufficiency of a petition filed under subd. 2. nor after a
19referendum is scheduled on such a petition. However, if the electors of the county
20reject a change in the number of supervisory districts under subd. 2., the board may
1then take action under this subdivision except as provided in subd. 3. The county
2clerk shall file a certified copy of any redistricting plan enacted under this
3subdivision with the secretary of state.
SB4-SSA1,5,254
2. `Petition and referendum.' Except as provided in subd. 3., the electors of a
5county may, by petition and referendum, decrease the number of supervisors at any
6time after the first election is held following enactment of a decennial supervisory
7district plan under par. (b). A petition for a change in the number of supervisors may
8be filed with the county clerk. Prior to circulating a petition to decrease the number
9of supervisors in any county, a petitioner shall register with the county clerk, giving
10the petitioner's name and address and indicating the petitioner's intent to file such
11a petition. No signature on a petition is valid unless the signature is obtained within
12the 60-day period following such registration. The petition shall specify the
13proposed number of supervisors to be elected. Within 14 days after the last day for
14filing an original petition, any other petitioner may file an alternative petition with
15the county clerk proposing a different number of supervisors to be elected, and, if the
16petition is valid, the alternative proposed in the petition shall be submitted for
17approval at the same referendum. An alternative petition is subject to the same
18registration and signature requirements as an original petition. Each petition shall
19be in the form specified in s. 8.40 and shall contain a number of signatures of electors
20of the county equal to at least 25 percent of the total votes cast in the county for the
21office of supervisor at the most recent spring election preceding the date of filing. The
22county clerk shall promptly determine the sufficiency of a petition filed under this
23subdivision. Upon determination that a petition is sufficient, or if one or more valid
24alternative petitions are filed, upon determination that the petitions are sufficient,
25the county clerk shall call a referendum concurrently with the next spring or general
1election in the county that is held not earlier than 42 days after the determination
2is made. The question proposed at the referendum shall be: "Shall the board of
3supervisors of .... County be decreased from .... members to .... members?". If one or
4more alternative valid petitions are filed within 14 days after the last day that an
5original petition may be filed, the question relating to the number of supervisors
6shall appear separately. The first question shall be: "Shall the size of the county
7board of supervisors of .... County be decreased from its current membership of ....
8members?". Any subsequent question shall be: "If so, shall the size of the board be
9decreased to .... members?". Each elector may vote in the affirmative or negative on
10the first question and may then vote in the affirmative on one of the remaining
11questions. If the first question is not approved by a majority of the electors voting
12on the question, any subsequent question is of no effect. If the question is approved
13by a majority of the electors voting on the question, or, if more than one question is
14submitted, if the first question is approved by a majority of the electors voting on the
15question, the board shall enact an ordinance prescribing revised boundaries for the
16supervisory districts in the county. The ordinance shall be enacted in accordance
17with the approved question or, if more than one question is submitted, in accordance
18with the choice receiving a plurality of the votes cast. The districts are subject to the
19same requirements that apply to districts in any plan enacted by the board under
20subd. 1. If the board has determined under sub. (1) (b) to adopt staggered terms for
21the office of supervisor, the board may change the expiration date of the term of any
22supervisor to an earlier date than the date provided under current ordinance if
23required to implement the redistricting or to maintain classes of members. The
24county clerk shall file a certified copy of any redistricting plan enacted under this
25subdivision with the secretary of state.
SB4-SSA1,6,4
13. `Limitation.' If the number of supervisors in a county is decreased by the
2board or by petition under this paragraph, no further action may be taken by the
3board or by petition under this paragraph in that county until after enactment of the
4next decennial supervisory district plan by the board under par. (b).
SB4-SSA1,6,235
4. `Election; term.' Any redistricting plan enacted under subd. 1. takes effect
6on November 15 following its enactment and first applies to the election of
7supervisors at the next spring election following the effective date that immediately
8precedes the expiration of the terms of office of supervisors in the county. Any
9reduction in the number of supervisory districts under subd. 2. that is approved at
10a spring election shall be enacted in the form of a redistricting plan no later than
11November 15 following that election and shall first apply to the election of
12supervisors at the next spring election immediately preceding the expiration of the
13terms of office of supervisors in the county, and any reduction in the number of
14supervisory districts under subd. 2. that is approved at a general election shall be
15enacted in the form of a redistricting plan no later than the 2nd succeeding November
1615 following that election and shall first apply to the election of supervisors at the
17next spring election following that November 15 immediately preceding the
18expiration of the terms of office of supervisors in the county. Any redistricting plan
19enacted under subd. 1. or 2. shall remain in effect until the effective date of any
20subsequent redistricting plan enacted under sub. (3) (c) or until the effective date of
21a redistricting plan subsequently enacted under par. (b). Supervisors elected from
22the districts created under subd. 1. or 2. shall serve for 2-year terms and shall take
23office on the 3rd Tuesday in April following their election.
SB4-SSA1, s. 3
24Section
3. 62.08 (4) of the statutes is amended to read:
SB4-SSA1,7,11
162.08
(4) The common council of any city may, by a two-thirds vote of all its
2members but not more frequently than once in 2 years, increase or decrease the
3number of aldermanic districts or the number of members of the city council, and in
4that case shall redistrict, readjust and change the boundaries of aldermanic districts,
5so that they are as nearly equal in population according to the most recent city-wide
6federal census as practicable by combining contiguous whole wards. In redistricting
7such cities the original numbers of the aldermanic districts in their geographic
8outlines shall as far as possible be retained, and the aldermanic districts so created
9and those the boundaries of which are changed shall be in as compact form as
10possible.
This subsection does not apply to changes in aldermanic districts
11authorized under sub. (4m).
SB4-SSA1, s. 4
12Section
4. 62.08 (4m) of the statutes is created to read:
SB4-SSA1,7,2313
62.08
(4m) If in a city that is solely contained within one county the aldermanic
14districts are coterminous with the supervisory districts of the county and the county
15board decreases the number of supervisors in the county after enactment of a
16redistricting plan under s. 59.10 (3) (cm), the common council of the city may, by a
17majority vote of the council, no later than November 15 immediately preceding the
18expiration of the terms of office of members of the council, decrease the number of
19aldermanic districts and the corresponding number of members of the council in the
20city to maintain coterminous boundaries between the aldermanic and supervisory
21districts and may change the expiration date of the term of any council member to
22an earlier date than the date provided under the current ordinance if required to
23implement the redistricting or to maintain classes of members.