LRB-2344/1
MES:cjs:pg
2007 - 2008 LEGISLATURE
April 6, 2007 - Introduced by Joint Legislative Council. Referred to Committee
on Labor, Elections and Urban Affairs.
SB134,1,11
1An Act to repeal 66.0307 (3) (dm), 66.0307 (5) (c) 4. and 66.0307 (5) (c) 5m.;
to
2renumber 66.0307 (1) (a);
to renumber and amend 66.0225;
to amend
366.0217 (2) and (3) (intro.), 66.0217 (11) (b), 66.0219 (intro.), 66.0221 (1),
466.0221 (2), 66.0223 (1), 66.0227 (intro.), 66.0229, 66.0230 (1) (a), 66.0231,
566.0301 (1) (a), 66.0305 (4) (b), 66.0307 (2) (intro.), 66.0307 (3) (b), 66.0307 (3)
6(d) 4., 66.0307 (4) (b), 66.0307 (5) (c) 1., 66.0307 (5) (c) 2., 66.1105 (4) (gm) 1. and
7117.132 (1m) (a);
to repeal and recreate 66.0225 (title) and 66.0307 (3) (c); and
8to create 66.0217 (6) (b), 66.0225 (1), 66.0225 (3), 66.0225 (4), 66.0301 (1) (c),
966.0301 (6), 66.0307 (1) (af) and 66.0307 (4m) of the statutes;
relating to:
10municipal boundary agreements and the use of alternative dispute resolution
11in municipal boundary disputes.
Analysis by the Legislative Reference Bureau
This bill is explained in the Notes provided by the Joint Legislative Council in
the bill.
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:
Joint Legislative Council prefatory note: This bill was developed and is
recommended by the joint legislative council's special committee on municipal
annexation. The special committee was directed to review conflicts that arise under
current annexation law and practice and the consequences of those conflicts, including
costs to taxpayers and other affected parties, to determine if there is consensus on means
to reduce annexation disputes and encourage more boundary cooperation between towns
and cities or villages.
This bill addresses 1) the determination of common municipal (city, village, and
town) boundaries by agreement; and 2) the use of alternative dispute resolution (ADR)
in annexation and other boundary disputes. General provisions of the bill are
summarized below. For additional information, see the text of the bill and notes following
individual provisions of the bill.
I. Boundary Agreements
A. Boundary Agreements by Cooperative Plan (s. 66.0307, stats.)
1. Simplifying Current Procedure
The bill simplifies the current plan requirements of s. 66.0307, stats., by
substituting a general requirement for consistency with a comprehensive plan for the
current detailed planning requirements. "Comprehensive plan" means a comprehensive
plan under s. 66.1001, stats., or, if a municipality has not adopted a comprehensive plan,
the municipality's master plan.
The bill also reduces from 120 to 60 the minimum number of days that must pass,
following the last authorizing resolution by a participating municipality, before the public
hearing on the proposed cooperative plan may be held.
2. Mediated Agreement Procedure
If a city or village or a town declines to participate in the current procedure for
developing a cooperative plan to determine common boundaries, the bill provides a
procedure for an adjacent municipality to petition for development of a cooperative plan
through mediation. If a city or village refuses to engage in mediation after being
requested to do so, an annexation commenced during the shorter of 270 days after the
refusal or the period beginning after the refusal until the city or village agrees to engage
in mediation may be contested by the petitioning town if the department of
administration (DOA) determines the annexation is not in the public interest following
an advisory review of the annexation. If a town refuses to engage in mediation, the town
may not contest any annexation of its territory to the petitioning city or village that is
commenced during the shorter of 270 days after the refusal or the period beginning after
the refusal until the town agrees to engage in mediation.
If both parties agree to engage in mediation, the mediation period expires after 270
days unless the participating municipalities agree to extend the period. If a cooperative
plan is developed through mediation, the bill provides a time period for holding a public
hearing on the plan. Otherwise, the provisions of s. 66.0307 apply to a cooperative plan
agreed to under the mediated agreement procedure.
B. Boundary Agreements Under General Intergovernmental Cooperation Authority (s.
66.0301, stats.)
The bill establishes a specific procedure for common municipal boundaries to be
determined by agreement under s. 66.0301, stats. In addition to determining common
boundaries, an agreement under the procedure may include any other provisions
municipalities are authorized to agree to under s. 66.0301 and under s. 66.0305, stats.,
(agreements to share revenues).
Once an agreement expires, all provisions of the agreement expire with the
exception of boundary determinations, which remain until subsequently changed. The
maximum term of an agreement is 10 years.
The s. 66.0301 boundary agreement procedure requires a public hearing on a
proposed agreement and provides for a referendum of the electors residing within the
territory whose jurisdiction is subject to change as a result of the agreement if a sufficient
referendum petition is timely submitted.
A boundary agreement under s. 66.0301 may provide that during the term of the
agreement, no other procedure for altering municipal boundaries may be used to alter a
boundary that is affected by the agreement (subject to one exception).
C. Stipulated Boundary Agreements in Contested Boundary Actions (s. 66.0225, stats.)
The bill limits the application of current s. 66.0225, stats., (boundaries fixed by
court judgement) to contested annexations and limits the scope of a boundary
determination under that procedure to that portion of the boundary "that is the subject
of the annexation." The bill provides that contested consolidations, detachments, and
incorporations may be settled by entering into an agreement under the new s. 66.0301
procedure or under s. 66.0307 (boundary agreements by a cooperative plan). Contested
annexations may also be so settled.
II. Alternative Dispute Resolution
The court and the parties to a contested annexation are encouraged under the bill
to consider the applicability to the contested annexation of the current ADR provisions
that apply generally to court proceedings, s. 802.12, stats.
The bill requires DOA to make available on its public website a list of persons who
have identified themselves as professionals qualified to facilitate ADR of annexation,
boundary, and land use disputes.
SB134, s. 1
1Section
1. 66.0217 (2) and (3) (intro.) of the statutes are amended to read:
SB134,4,52
66.0217
(2) Direct annexation by unanimous approval. Except as provided in
3sub. (14), and subject to
s. ss. 66.0301 (6) (d) and 66.0307 (7), if a petition for direct
4annexation signed by all of the electors residing in the territory and the owners of
5all of the real property in the territory is filed with the city or village clerk, and with
6the town clerk of the town or towns in which the territory is located, together with
7a scale map and a legal description of the property to be annexed, an annexation
8ordinance for the annexation of the territory may be enacted by a two-thirds vote of
9the elected members of the governing body of the city or village without compliance
10with the notice requirements of sub. (4). In an annexation under this subsection,
1subject to sub. (6), the person filing the petition with the city or village clerk and the
2town clerk shall, within 5 days of the filing, mail a copy of the scale map and a legal
3description of the territory to be annexed to the department and the governing body
4shall review the advice of the department, if any, before enacting the annexation
5ordinance.
SB134,4,8
6(3) Other methods of annexation. (intro.) Subject to
s. ss. 66.0301 (6) (d) and 766.0307 (7), and except as provided in sub. (14), territory contiguous to a city or
8village may be annexed to the city or village in the following ways:
SB134, s. 2
9Section
2. 66.0217 (6) (b) of the statutes is created to read:
SB134,4,2310
66.0217
(6) (b)
Alternative dispute resolution. The department shall make
11available on its public Web site a list of persons who identify themselves to the
12department as professionals qualified to facilitate alternative dispute resolution of
13annexation, boundary, and land use disputes. Persons identifying themselves to the
14department as qualified professionals shall submit to the department a brief
15description of their qualifications, including membership in relevant professional
16associations and certifications in areas such as planning and alternative dispute
17resolution. The department may edit the descriptions for inclusion on the list using
18any criteria that, in the department's determination, is appropriate. The
19department may include with the list a disclaimer that the department is not
20responsible for the accuracy of the descriptions, and that inclusion of a person on the
21list does not represent endorsement by the department. The department may include
22links from the list to other websites, such as those of relevant professional
23associations and county dispute resolution centers.
Note: Requires DOA to provide on its public Web site a list of persons who have
identified themselves as professionals qualified to facilitate resolution of annexation and
boundary disputes.
SB134, s. 3
1Section
3. 66.0217 (11) (b) of the statutes is amended to read:
SB134,5,42
66.0217
(11) (b) An action contesting an annexation shall be given preference
3in the circuit court.
The court and the parties are encouraged to consider the
4application of s. 802.12 to an action contesting an annexation.
Note: Encourages use of the ADR statute, s. 802.12, by the court and parties to a
contested annexation. Although the provision already applies to court proceedings
involving a contested annexation, specific reference may facilitate the use of the provision
in contested annexations.
SB134, s. 4
5Section
4. 66.0219 (intro.) of the statutes is amended to read:
SB134,5,10
666.0219 Annexation by referendum initiated by city or village. (intro.)
7As a complete alternative to any other annexation procedure, and subject to sub. (10)
8and
s. ss. 66.0301 (6) (d) and 66.0307 (7), unincorporated territory which contains
9electors and is contiguous to a city or village may be annexed to the city or village
10under this section. The definitions in s. 66.0217 (1) apply to this section.
SB134, s. 5
11Section
5. 66.0221 (1) of the statutes is amended to read:
SB134,6,912
66.0221
(1) Upon its own motion and subject to sub. (3) and
s. ss. 66.0301 (6)
13(d) and 66.0307 (7), a city or village, by a two-thirds vote of the entire membership
14of its governing body, may enact an ordinance annexing territory which comprises
15a portion of a town or towns and which was completely surrounded by territory of the
16city or village on December 2, 1973. The ordinance shall include all surrounded town
17areas except those that are exempt by mutual agreement of all of the governing
18bodies involved. The annexation ordinance shall contain a legal description of the
19territory and the name of the town or towns from which the territory is detached.
20Upon enactment of the ordinance, the city or village clerk immediately shall file 6
21certified copies of the ordinance in the office of the secretary of state, together with
226 copies of a scale map. The secretary of state shall forward 2 copies of the ordinance
23and scale map to the department of transportation, one copy to the department of
1natural resources, one copy to the department of revenue and one copy to the
2department of administration. This subsection does not apply if the town island was
3created only by the annexation of a railroad right-of-way or drainage ditch. This
4subsection does not apply to land owned by a town government which has existing
5town government buildings located on the land. No town island may be annexed
6under this subsection if the island consists of over 65 acres or contains over 100
7residents. Section 66.0217 (11) applies to annexations under this subsection. Except
8as provided in sub. (2), after December 2, 1973, no city or village may, by annexation,
9create a town area which is completely surrounded by the city or village.
SB134, s. 6
10Section
6. 66.0221 (2) of the statutes is amended to read:
SB134,6,1411
66.0221
(2) A city or village may, by annexation, create a town area that is
12completely surrounded by the city or village if a cooperative plan for boundary
13change under s.
66.0301 (6) or 66.0307, to which the town and the annexing city or
14village are parties, applies to the territory that is annexed.
SB134, s. 7
15Section
7. 66.0223 (1) of the statutes is amended to read:
SB134,7,716
66.0223
(1) In addition to other methods provided by law and subject to sub.
17(2) and ss. 59.692 (7)
, 66.0301 (6) (d), and 66.0307 (7), territory owned by and lying
18near but not necessarily contiguous to a village or city may be annexed to a village
19or city by ordinance enacted by the board of trustees of the village or the common
20council of the city, provided that in the case of noncontiguous territory the use of the
21territory by the city or village is not contrary to any town or county zoning regulation.
22The ordinance shall contain the exact description of the territory annexed and the
23names of the towns from which detached, and attaches the territory to the village or
24city upon the filing of 7 certified copies of the ordinance in the office of the secretary
25of state, together with 7 copies of a plat showing the boundaries of the territory
1attached. Two copies of the ordinance and plat shall be forwarded by the secretary
2of state to the department of transportation, one copy to the department of
3administration, one copy to the department of natural resources, one copy to the
4department of revenue and one copy to the department of public instruction. Within
510 days of filing the certified copies, a copy of the ordinance and plat shall be mailed
6or delivered to the clerk of the county in which the annexed territory is located.
7Sections 66.0203 (8) (c) and 66.0217 (11) apply to annexations under this section.
SB134, s. 8
8Section
8. 66.0225 (title) of the statutes is repealed and recreated to read:
SB134,7,10
966.0225 (title)
Stipulated boundary agreements in contested boundary
10actions.
SB134, s. 9
11Section
9
. 66.0225 of the statutes is renumbered 66.0225 (2) and amended to
12read:
SB134,8,1113
66.0225
(2) Contested annexations. Any 2 municipalities whose boundaries
14are immediately adjacent at any point and who are parties to an action, proceeding
, 15or appeal in court for the purpose of testing the validity
or invalidity of an
16annexation
, incorporation, consolidation or detachment may enter into a written
17stipulation, compromising and settling the litigation and determining the
portion of
18the common boundary line between the municipalities
that is the subject of the
19annexation. The court having jurisdiction of the litigation, whether the circuit court,
20the court of appeals
, or the supreme court, may enter a final judgment incorporating
21the provisions of the stipulation and fixing the common boundary line between the
22municipalities involved. A stipulation changing boundaries of municipalities shall
23be approved by the governing
bodies of the detaching and annexing municipalities 24body of each municipality and s. 66.0217 (9) and (11) shall apply. A change of
25municipal boundaries under this section is subject to a referendum of the electors
1residing within the territory
annexed or detached whose jurisdiction is subject to
2change under the stipulation, if within 30 days after the publication of the
3stipulation to change boundaries in a newspaper of general circulation in
the area
4proposed to be annexed or detached that territory, a petition for a referendum
5conforming to the requirements of s. 8.40 signed by at least 20% of the electors
of the
6area to be annexed or detached residing within that territory is filed with the clerk
7of the municipality from which the
greater area is proposed to be
detached removed 8and is filed as provided in s. 8.37. The referendum shall be conducted as are
9annexation referenda. If the referendum election
is opposed to detachment from the
10municipality fails, all proceedings under this section are void.
In this section,
11"municipalities" means cities, villages and towns.
Note: Limits the application of the current procedure in s. 66.0225, stats.,
(boundaries fixed by court judgment) to contested annexations and limits the boundary
that is subject to the procedure to the portion of the boundary "that is the subject of the
annexation." The stricken last sentence is replaced by a definition in s. 66.0225 (1),
created by Sec. 10 of the bill.
The limitations are intended to discourage use of s. 66.0225 for boundary
agreements that are more appropriately developed under s. 66.0301 (6), as created by this
bill, or s. 66.0307, as revised by this bill. Retention of the s. 66.0225 procedure for
contested annexations, subject to the new limitation on which boundaries may be
included, recognizes the history and utility of this provision in settling annexation
litigation.
See, also, Sec. 11 of this bill.
SB134, s. 10
12Section
10
. 66.0225 (1) of the statutes is created to read:
SB134,8,1413
66.0225
(1) Definitions. In this section, "municipality" means a city, village,
14or town.
Note: Provides a definition for use throughout s. 66.0225.
SB134, s. 11
15Section
11
. 66.0225 (3) of the statutes is created to read:
SB134,8,1816
66.0225
(3) Contested boundary actions. (a) In this subsection, "boundary
17action" means an action, proceeding, or appeal in court contesting the validity of an
18annexation, consolidation, detachment, or incorporation.
SB134,9,5
1(b) If 2 municipalities whose boundaries are immediately adjacent at any point
2are parties to a boundary action, the municipalities may enter into an agreement
3under s. 66.0301 (6) or s. 66.0307 as part of a stipulation to settle the boundary action.
4The court may approve and make part of the final judgment a stipulation that
5includes an agreement under s. 66.0301 (6) or s. 66.0307.
Note: Requires parties to a contested consolidation, detachment, or incorporation
proceeding to use new s. 66.0301 (6), or s. 66.0307, as revised, if the parties enter into a
boundary agreement as part of the settlement of the contested action. Allows, but does
not require, parties to a contested annexation proceeding to use those provisions. (Parties
to a contested annexation proceeding will continue to be able to use current s. 66.0225,
as revised by this bill.)
See Sec. 9 of this bill and the Note following that Section.
SB134, s. 12
6Section
12. 66.0225 (4) of the statutes is created to read:
SB134,9,107
66.0225
(4) Authority for certain stipulations. A stipulation that is
8court-approved under this section before the effective date of this subsection ....
9[revisor inserts date], that affects the location of a boundary between municipalities,
10is not invalid as lacking authority to affect the location of the boundary.