Wisconsin Legislature: 150,24

Note: Restates a portion of s. 66.071 (1) (b) that is repealed by Section 199 of this bill.

150,18 Section 18 . 66.01 (title) and (1) to (3) of the statutes are renumbered 66.0101 (title) and (1) to (3), and 66.0101 (2) and (3), as renumbered, are amended to read:

66.0101 (2) (a) A "charter ordinance" is any ordinance which enacts, amends or repeals the whole or any part of the charter of a city or village, or makes the election mentioned in sub. (4). Such city or village may enact a charter ordinance. A charter ordinance shall be so designated, shall require as a charter ordinance, requires a two-thirds vote of the members-elect of the legislative body of such the city or village, and shall be is subject to referendum as hereinafter prescribed provided in this section.

(b) Every A charter ordinance which that amends or repeals the whole or any part of a city or village charter shall designate specifically the portion of the charter so that is amended or repealed, and every . A charter ordinance which that makes the election mentioned in under sub. (4) shall designate specifically each enactment of the legislature or portion thereof, of the enactment that is made inapplicable to such the city or village by the election mentioned in sub. (4).

(3) Every enactment, amendment or repeal of the whole or any part of the charter of any city or village A charter ordinance shall be published as a class 1 notice, under ch. 985, and shall be recorded by the clerk in a permanent book kept for that purpose, with a statement of the manner of its adoption, and a. A certified copy thereof of the charter ordinance shall be filed by said the clerk with the secretary of state. The secretary of state shall keep a separate index of all charter ordinances, arranged alphabetically by city and village and summarizing each ordinance, and annually shall issue such a list the index of charter ordinances filed during the 12 months prior to July 1.

Note: "Charter ordinance" is now defined in a separate subsection. See Section 27 of this bill.

150,19 Section 19. 66.01 (3a) of the statutes is renumbered 66.0101 (12).

150,20 Section 20. 66.01 (4) to (8) of the statutes are renumbered 66.0101 (4) to (8) and amended to read:

66.0101 (4) Any A city or village may elect in the manner prescribed in under this section that the whole or any part of any laws law relating to the local affairs and government of such the city or village other than such those enactments of the legislature of statewide concern as shall with uniformity affect every city or every village shall not apply to such the city or village, and thereupon such laws or parts thereof shall cease when the election takes effect, the law ceases to be in effect in such the city or village.

(5) Any city or village by charter ordinance may make the election mentioned in sub. (4) of this section, or enact, amend or repeal the whole or any part of its charter; but such A charter ordinance shall does not take effect until 60 days after its passage and publication. If within such 60 days the 60-day period a petition conforming to the requirements of s. 8.40 and signed by a number of electors of the city or village equal to not less than 7% of the votes cast therein in the city or village for governor at the last general election shall be is filed in the office of the clerk of said the city or village demanding that such the ordinance be submitted to a vote of the electors, it shall may not take effect until it is submitted to a referendum and approved by a majority of the electors voting thereon. Said in the referendum. The petition and the proceedings for its submission shall be are governed by s. 9.20 (2) to (6).

(6) Any A charter ordinance may be initiated in the manner provided in under s. 9.20 (1) to (6), but alternative adoption thereof of the charter ordinance by the legislative body shall be is subject to referendum as provided in under sub. (5) of this section.

(7) Any A charter ordinance may be submitted to a referendum by the legislative body, in the manner prescribed in under s. 9.20 (4) to (6), without initiative petition, and shall become becomes effective when approved by a majority of the electors voting thereon in the referendum.

(8) Every charter, charter amendment or A charter ordinance enacted or approved by a vote of the electors shall control and prevail controls over any prior or subsequent act of the legislative body of the city or village. Whenever 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 thereon 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 election as provided in s. 9.20 (4), shall be held at the time provided by statute for holding the spring election.

150,21 Section 21. 66.01 (9) to (11) of the statutes are renumbered 66.0101 (9) (a), (b) and (d) and amended to read:

66.0101 (9) (a) The legislative body of any a city or village, by resolution adopted by a two-thirds vote of its members-elect may, and upon petition complying with s. 9.20 shall, submit to the electors in the manner prescribed in under s. 9.20 (4) to (6) the question of holding a charter convention under one or more plans proposed in said the resolution or petition.

(b) The ballot shall be in substantially the following form:

Shall a charter convention be held?

YES ⍽ NO ⍽

If a charter convention be is held what plan do you favor?

PLAN 1 ⍽ PLAN 2 ⍽

[Repeat for each plan proposed.]

Mark an [X] in the square to the RIGHT of the plan that you select.

(c) If a majority of the electors voting thereon vote for a charter convention, such the convention shall be held pursuant to the plan favored by a majority of the total votes cast for all plans. If no plan receives a majority, the 2 plans receiving the highest number of votes shall be again submitted to the electors and a convention shall thereupon be held pursuant to the plan favored by a majority of the votes cast.

(d) Such A charter convention shall have power to may adopt a charter or amendments to the existing charter. Such The charter or charter amendments adopted by such the convention shall be certified, as soon as may be practicable, by the presiding officer and secretary thereof of the convention to the city or village clerk and shall thereupon be submitted to the electors in the manner prescribed in as provided under s. 9.20 (4) to (6), without the alternative mentioned therein provided in s. 9.20 (4) to (6), and shall take effect only when approved by a majority of the electors voting thereon.

150,22 Section 22. 66.01 (12) of the statutes is renumbered 66.0101 (10).

150,23 Section 23. 66.01 (14) of the statutes is repealed.

Note: Repealed as obsolete. The subsection provides as follows:

"(14) All laws relating to public instruction, under article X, sections 1 to 5, of the constitution, remain and shall continue in force for the establishment, administration and government of the district schools as heretofore, until amended or repealed by the legislature. The term "district schools" as here used, in addition to common schools includes, among others, any and all public high schools, trade schools, technical colleges, auxiliary departments for instruction of pupils who are deaf or of impaired speech or blind, and truancy or parental schools.".

Municipalities no longer enact general laws relating to public instruction.

150,24 Section 24. 66.01 (15) of the statutes is renumbered 66.0101 (11).

150,25 Section 25 . 66.01 (16) of the statutes is renumbered 61.188 and amended to read:

61.188 Certain villages may become cities by charter ordinance. Any village having a population of 1,000 or more may proceed under this section s. 66.0101 to organize as a city of the appropriate class. The village may by charter or charter ordinance adopted under this section s. 66.0101 elect not to be governed by ch. 62 or this chapter 66 in whole or in part or may create such that system of government as is deemed considered by the village to be most appropriate for its situation. The charter or charter ordinance may include provision for the following, without limitation because of enumeration: method of election of members of the council by districts, at-large or by a combination of methods, procedure for election of the first common council, creation and selection of all administrative officers, departments, boards and commissions, powers and duties of all officers, boards and commissions and terms of office. The charter or charter ordinance shall may not alter those provisions of ch. 62 dealing with police and fire departments or chs. 115 to 121 dealing with education. Any village incorporated after August 12, 1959, may not become a city under this subsection section unless it meets the standards for incorporation in ss. 66.015 and 66.016 66.0205 and 66.0207.

150,26 Section 26. Subchapter I (title) of chapter 66 [precedes 66.0101] of the statutes is created to read:

Chapter 66

Subchapter I
General Powers; administration

150,27 Section 27 . 66.0101 (1m) of the statutes is created to read:

66.0101 (1m) In this section, "charter ordinance" means an ordinance that enacts, amends or repeals the charter, or any part of the charter, of a city or village or that makes the election under sub. (4).

Note: Provides a general definition of "charter ordinance" for the statutory provision relating to home rule and charter ordinances. See the treatment of current s. 66.01 by Sections 18 to 25 of this bill.

150,28 Section 28 . 66.0103 of the statutes is created to read:

66.0103 Code of ordinances. (1) The governing body of a city, village, town or county may authorize the preparation of a code of some or all of its general ordinances. The code may be enacted by an ordinance that incorporates the code by reference. A copy of the code shall be available for public inspection not less than 2 weeks before it is enacted. After the code is enacted, a copy shall be maintained and available for public inspection in the office of the city, village, town or county clerk.

(2) Publication of a code enacted under sub. (1), in book or pamphlet form, meets the publication requirements of ss. 59.14, 60.80, 61.50 (1) and 62.11 (4) (a).

Note: Restates current s. 66.035.

150,29 Section 29. 66.0117 (1) of the statutes is created to read:

66.0117 (1) In this section:

(a) "Local governmental unit" means a city, village, town, county, school district, technical college district, town sanitary district or public inland lake protection and rehabilitation district.

(b) "Statement" means all of the following:

1. A certified transcript of a judgment.

2. A judgment creditor's affidavit of the amount due on a judgment, of payments made on the judgment and that the judgment has not been appealed.

Note: Creates a definition for s. 66.0117, relating to judgments against local governmental units. The definition differs from the current language of s. 66.09 by removing a community center from the list of local governmental bodies to which the law applies. It appears that a community center is not treated as a local governmental unit anywhere else in the statutes. The term "community centre" first appeared in this section when separate statutes were consolidated and revised in chapter 396, laws of 1921.

150,30 Section 30. 66.0119 (1) (c) of the statutes is created to read:

66.0119 (1) (c) "Public building" has the meaning given in s. 101.01 (12).

150,31 Section 31. 66.012 of the statutes is renumbered 66.0215 and amended to read:

66.0215 Towns may become Incorporation of certain towns adjacent to 1st class cities. (1) Petition. Whenever If the resident population of any a town exceeds 5,000 as shown by the last federal census or by a census herein provided for and under sub. (2), if the town is adjacent to a city of the first 1st class city and contains an equalized valuation in excess of $20,000,000 and if a petition has been presented and signed by 100 or more persons, each an elector and taxpayer of said the town, and, in addition thereto, said petition contains containing the signatures of at least one-half 50% of the owners of real estate in said the town which petition requests and requesting submission of the question to the electors of the town and, is filed with the clerk of the town, the procedure for becoming a fourth 4th class city is initiated.

(2) Referendum. At the next regular meeting of the town board, said town following the filing of the petition under sub. (1), the board by resolution shall provide for a referendum by the electors of said the town. The resolution shall observe conform to the requirements of s. 5.15 (1) and (2) and shall determine the numbers and boundaries of each ward of the proposed city, and the time of voting, which shall may not be earlier than 6 weeks after the adoption of said the resolution and said. The resolution may direct that a census be taken of the resident population of such the territory as it may be on some a day not more than 10 weeks previous to the date of the election, exhibiting the name of every head of a family and the name of every person who is a resident in good faith of such the territory on such that day, and the lot or quarter section of land on which that person resides, which shall be verified by the affixed affidavit of the person taking the same affixed thereto census.

(3) Notice of referendum. Notice of the referendum shall be given by publication of the resolution in a newspaper published in such the town, if there be is one, otherwise in a newspaper designated in the resolution, once a week for 4 successive weeks, the first publication to be not more than 4 weeks before the referendum.

(4) Voting procedure. The referendum shall be conducted in the same manner as elections for supervisors of the town board. The question appearing on the ballot shall be "Shall the town of .... become a 4th class city?". Below the question shall appear 2 squares. To the left of one square shall appear the words "For a city" and to the left of the other square shall appear the words "Against a city". The inspectors shall make a return to the clerk of such the town.

(5) Certificate of incorporation. If a majority of the votes are cast in favor of a city the clerk shall certify the fact to the secretary of state, together with the result of the census, if any, and 4 copies of a description of the legal boundaries of the town and 4 copies of a plat thereof, whereupon the of the town. The secretary of state shall then issue a certificate of incorporation, and record the same certificate in a book kept for that purpose. Two copies of the description and plat shall be forwarded by the secretary of state to the department of transportation and one copy to the department of revenue.

(6) City powers. Every A city thus incorporated shall thenceforth be under this section is a body corporate and politic, with the powers and privileges of a municipal corporation at common law and conferred by ch. 62.

(7) Existing ordinances. (a) Ordinances in force in the territory or any part thereof, so far as of the territory, to the extent not inconsistent with ch. 62, shall continue in force until altered or repealed.

(b) A county shoreland zoning ordinance enacted under s. 59.692 that is in force in any part of the territory shall continue continues in force until altered under s. 59.692 (7) (ad).

(8) Interim officers. All officers of the town embracing the territory thus incorporated as a city shall continue in their powers and duties as theretofore until the first meeting of the common council at which a quorum is present. Until a city clerk shall have been is chosen and qualified all oaths of office and other papers shall be filed with the town clerk, with whom the petition was filed, who shall deliver them with the petition to the city clerk when the city clerk shall have is qualified.

(9) First city election. Within 10 days after incorporation of the city, the town board with and the town clerk of which who received the petition was filed shall fix a time for the first city election, designate the polling place or places, and name 3 inspectors of election for each place. Ten days' previous notice of the election shall be given by the clerk by publication in the newspapers selected under sub. (3) and by posting notices in 3 public places in the city. Failure to give such notice does not invalidate the election. The election shall be conducted as is prescribed by chs. 5 to 12, except that no registration of voters shall may be required. The inspectors shall make returns to the board which shall, within one week after the election, canvass the returns and declare the result. The clerk shall notify the officers-elect and issue certificates of election. If the first election is on the first Tuesday in April the officers so elected shall and their appointees commence and hold their offices as for a regular term, as shall also their appointees. Otherwise they shall commence within 10 days and hold until the regular city election and the qualification of their successors, and the term of their appointees shall expire expires as soon as successors qualify.

150,32 Section 32. 66.0123 (1) of the statutes is created to read:

66.0123 (1) In this section, "governmental unit" means a town board or school board.

150,33 Section 33. 66.013 of the statutes is renumbered 66.0201, and 66.0201 (1) and (2) (intro.), as renumbered, are amended to read:

66.0201 (1) Purpose. It is declared to be the policy of this state that the development of territory from town to incorporated status proceed in an orderly and uniform manner and that toward this end each proposed incorporation of territory as a village or city be reviewed as provided in ss. 66.013 to 66.019 66.0201 to 66.0213 to assure compliance with certain minimum standards which take into account the needs of both urban and rural areas.

(2) Definitions. (intro.) As used in In ss. 66.013 66.0201 to 66.019 66.0213, unless the context requires otherwise:

150,34 Section 34. 66.0137 (title) and (1) of the statutes are created to read:

66.0137 (title) Provision of insurance. (1) Definition. In this section, "local governmental unit" means a city, village, town, county, school district (as enumerated in s. 67.01 (5)), sewerage district, drainage district and, without limitation because of enumeration, any other political subdivision of the state should be s. 345.05 (1) (c).

150,35 Section 35. 66.0139 (1) of the statutes is created to read:

66.0139 (1) In this section, "political subdivision" means a city, village, town or county.

150,36 Section 36. 66.014 of the statutes is renumbered 66.0203, and 66.0203 (1), (2) (a) to (e), (3), (4) (a), (7) (a), (8) (b), (9) (a), (d) to (f) and (h) and (10), as renumbered, are amended to read:

66.0203 (1) Notice of intention. At least 10 days and not more than 20 days before the circulation of an incorporation petition, a notice setting forth that the petition is to be circulated and including an accurate description of the territory involved shall be published within the county in which said the territory is located as a class 1 notice, under ch. 985.

(2) (a) The petition for incorporation of a village or city shall be in writing signed by 50 or more persons who are both electors and freeholders in the territory to be incorporated if the population of the proposed village or city includes 300 or more persons; otherwise by 25 or more such electors and freeholders persons who are both electors and freeholders in the territory to be incorporated.

(b) The petition shall be addressed to and filed with the circuit court of a county in which all or a major part of the territory to be incorporated is located; and the . The incorporation petition shall be is void unless filed within 6 months of the date of publication of the notice of intention to circulate.

(c) The petition shall designate a representative of the petitioners, and an alternate, who shall be an elector or freeholder in the territory, and state that person's address; describe the territory to be incorporated with sufficient accuracy to determine its location and have attached thereto to the petition a scale map reasonably showing the boundaries thereof of the territory; specify the current resident population of the territory by number in accordance with the definition given in s. 66.013 66.0201 (2) (b); set forth facts substantially establishing the required standards for incorporation required herein; and request the circuit court to order a referendum and to certify the incorporation of the village or city when it is found that all requirements have been met.

(e) No person who has signed a petition shall be permitted to may withdraw his or her name therefrom from the petition. No additional signatures shall may be added after a petition is filed.

(3) Hearing; costs. (a) Upon the filing of the petition the circuit court shall by order fix a time and place for a hearing giving preference to such the hearing over other matters on the court calendar.

(b) The court may in its discretion by order allow costs and disbursements as provided for actions in circuit court in any proceeding under this subsection.

(c) The court may in its discretion, upon notice to all parties who have appeared in the hearing and after a hearing thereon on the issue of bond, order the petitioners or any of the opponents to post bond in such an amount as that it deems considers sufficient to cover such disbursements.

(4) (a) Notice of the filing of the petition and of the date of the hearing thereon on the petition before the circuit court shall be published in the territory to be incorporated, as a class 2 notice, under ch. 985, and given by certified or registered mail to the clerk of each town in which the territory is located and to the clerk of each metropolitan municipality of the metropolitan community in which the territory is located. The mailing shall be not less than 10 days prior to before the time set for the hearing.

(7) (a) No action to contest the validity of an incorporation on any grounds whatsoever, whether procedural or jurisdictional shall, may be commenced after 60 days from the date of issuance of the charter of incorporation by the secretary of state.

(8) (b) On the basis of the hearing the circuit court shall find if the standards under s. 66.015 66.0205 are met. If the court finds that the standards are not met, the court shall dismiss the petition. If the court finds that the standards are met the court shall refer the petition to the department and thereupon the department shall determine whether or not the standards under s. 66.016 66.0207 are met.

(9) (a) Upon receipt of the petition from the circuit court the department shall make such any necessary investigation as may be necessary to apply the standards under s. 66.016 66.0207.

(d) Unless the court sets a different time limit, the department shall prepare its findings and determination, citing the supporting evidence in support thereof, within 90 days after receipt of the reference referral from the court. The findings and determination shall be forwarded by the department to the circuit court. Copies of the findings and determination shall be sent by certified or registered mail to the designated representative of the petitioners, and to all town and municipal clerks entitled to receive mailed notice of the petition under sub. (4).

(e) The determination of the department made in accordance with the standards under ss. 66.015, 66.016 66.0205, 66.0207 and 66.021 (11) 66.0217 (6) (c) shall be either one of the following:

1. The petition as submitted shall be is dismissed;.

2. The petition as submitted shall be is granted and an incorporation referendum held;.

3. The petition as submitted shall be is dismissed with a recommendation that a new petition be submitted to include more or less territory as specified in the department's findings and determination.