Amendment SSA1-SB63

LRBs0067/2

RJM/JTK/MES:jld&cjs:jf

2001 - 2002 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO 2001 SENATE BILL 63

March 8, 2001 - Offered by Committee onSenate Organization.

SB63-SSA1,1,11 An Act to repeal 5.15 (2) (e), 62.08 (2), 66.0217 (13) and 66.0227 (6); to renumber and amend 5.15 (2) (d) and 59.10 (3) (c); to amend 5.15 (1) (a), 5.15 (1) (b), 5.15 (1) (c), 5.15 (2) (b) 1., 5.15 (2) (b) 2., 5.15 (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 (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) 2., 59.10 (3) (b) 4., 59.10 (6), 62.08 (1), 66.0217 (9) (a), 66.0217 (9) (b), 66.0221, 66.0223 and 119.08 (1) (b); and to create 5.15 (2) (ce), 5.15 (2) (d) 1. to 5., 5.15 (2) (fm), 59.10 (3) (b) 2m. and 66.0217 (9) (d) of the statutes; relating to: division of municipalities into wards; redistricting of supervisory and aldermanic districts; election districts in 1st class city school systems; filing of certain municipal annexations; the effective date of certain annexation and detachment actions.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB63-SSA1, s. 1 Section 1. 5.15 (1) (a) of the statutes is amended to read:

SB63-SSA1,2,24 5.15 (1) (a) Every city, village and town in this state shall by ordinance or resolution of its common council or village or town board, respectively, be divided into wards as provided in this section, except as authorized in sub. (2). The boundaries of the wards established under this section, and the number assigned to each ward, are intended to be as permanent as possible, and to this end each ward shall when created contain a population at a convenient point within the applicable population range under sub. (2) (b), with due consideration for the known trends of population increase or decrease within that part of the municipality in which the ward is located. Once established, the boundaries of each ward shall remain unchanged until a further decennial federal census of population indicates that the population of a ward is then above or below the applicable population range or until the ward boundaries are required to be changed to permit creation of supervisory or aldermanic districts of substantially equal population or to enhance the participation of members of a racial or language minority group in the political process and their ability to elect representatives of their choice , except as authorized or required under this section. If the population of a ward has increased above the maximum of its population range or if the population of a ward must be decreased for a reason specified in this paragraph, the ward shall be divided into 2 or more wards or the boundaries of the ward shall be changed in compliance with sub. (2) (b). If the population of a ward has decreased below the minimum of its population range or if the population of a ward must be increased for a reason specified in this paragraph, whenever possible, the ward shall, if possible, be combined with an adjoining ward, or the underpopulated ward and one adjoining ward shall be combined and together subdivided into 2 or more wards in compliance with sub. (2).

SB63-SSA1, s. 2 Section 2. 5.15 (1) (b) of the statutes is amended to read:

SB63-SSA1,3,16 5.15 (1) (b) Except as authorized in sub. (2) (a), within 60 days after the receipt of a tentative supervisory district plan and written statement, if any, from the county board of each county in which a municipality is located, the governing body of the municipality shall adjust its wards according to the schedule shown in sub. (2). All territory contained within the municipality, and only the territory so contained, on August 1 following the year of the federal decennial census the date of adoption of a tentative supervisory district plan under s. 59.10 (2) (a) or (3) (b) 1. by the county in which the territory is located shall be contained within a ward established under the division ordinance or resolution. Except as authorized in sub. (2), each ward shall consist of whole blocks, as utilized by the U.S. bureau of the census in the most recent federal decennial census of population. To suit the convenience of the voters residing therein each ward shall, as far as practicable, be kept compact and observe the community of interest of existing neighborhoods and other settlements. All territory within a ward shall be contiguous, except for island territory as defined in sub. (2) (f) 3. Enactment or adoption of a division ordinance or resolution requires the affirmative vote of a majority of the members of the governing body.

SB63-SSA1, s. 3 Section 3. 5.15 (1) (c) of the statutes is amended to read:

SB63-SSA1,4,9 5.15 (1) (c) The wards established by municipal governing bodies in a division ordinance or resolution enacted or adopted under this section on the basis of the published results of each federal decennial census of population shall govern the adjustment of supervisory districts under s. 59.10 (2) (a) and (3) (b) 2. and of aldermanic districts under s. 62.08 (1) for the purpose of local elections beginning on January 1 of the 2nd year commencing after the year of the census until revised under this section on the basis of to correlate with the results of the next decennial census of population unless adjusted under sub. (2) (f) 4. or (fm), (6) (a) or (7), or unless adjusted, as a matter of statewide concern, in the enactment of legislative districts under article IV, section 3, of the constitution on the basis of the most recent federal decennial census of population. The populations of wards under each decennial ward division shall be determined on the basis of the federal decennial census of population and any official corrections to the census issued on or before the date of adoption of the ward division to reflect the correct populations of the municipality and the blocks within the municipality on April 1 of the year of the census. In this paragraph, an official correction does not include the substitution of an estimate for an actual population count.

SB63-SSA1, s. 4 Section 4. 5.15 (2) (b) 1. of the statutes is amended to read:

SB63-SSA1,4,12 5.15 (2) (b) 1. In any city in which the population is at least 150,000, each ward shall contain not less than 1,000 100 nor more than 4,000 inhabitants.

SB63-SSA1, s. 5 Section 5. 5.15 (2) (b) 2. of the statutes is amended to read:

SB63-SSA1,4,16 5.15 (2) (b) 2. In any city in which the population is at least 39,000 but less than 150,000, each ward shall contain not less than 800 100 nor more than 3,200 inhabitants.

SB63-SSA1, s. 6 Section 6. 5.15 (2) (b) 3. of the statutes is amended to read:

SB63-SSA1,4,20 5.15 (2) (b) 3. In any city, village or town in which the population is at least 10,000 but less than 39,000, each ward shall contain not less than 600 100 nor more than 2,100 inhabitants.

SB63-SSA1, s. 7 Section 7. 5.15 (2) (b) 4. of the statutes is amended to read:

SB63-SSA1,4,24 5.15 (2) (b) 4. In any city, village or town in which the population is less than 10,000, each ward shall contain not less than 300 100 nor more than 1,000 inhabitants.

SB63-SSA1, s. 8 Section 8. 5.15 (2) (bm) of the statutes is amended to read:

SB63-SSA1,5,6 5.15 (2) (bm) Every city electing the members of its common council from aldermanic districts shall assemble the blocks wholly or partially contained within the city into wards that will enable the creation of aldermanic districts that are substantially equal in population. If a block is partly contained within the city, the city shall divide the block to form a ward containing the portion of the block that lies within the city.

SB63-SSA1, s. 9 Section 9. 5.15 (2) (ce) of the statutes is created to read:

SB63-SSA1,5,11 5.15 (2) (ce) If a block contains a facility that is owned or operated by this state or by the federal government and that is used to confine persons convicted of felonies or if a block contains a center for the developmentally disabled, the city, village, or town may divide the block in assembling into wards.

SB63-SSA1, s. 10 Section 10. 5.15 (2) (cm) of the statutes is amended to read:

SB63-SSA1,5,21 5.15 (2) (cm) Any division of blocks under this section on the basis of population shall be based on the best evidence available. In this paragraph, "best evidence" includes, but is not limited to, the population of the block and other information received from the U.S. bureau of the census and such data as number of housing units, utility connections and vehicle registrations or a special census conducted locally. For Except as provided in sub. (6) (a), for each ward so established, the population estimate shall be correlated with the results of the most recent federal decennial census of population, so that the total population reported for all wards in the municipality agrees with the census results.

SB63-SSA1, s. 11 Section 11. 5.15 (2) (d) of the statutes is renumbered 5.15 (2) (d) (intro.) and amended to read:

SB63-SSA1,6,5 5.15 (2) (d) (intro.) Every municipality shall make a good faith effort to accommodate the tentative plan submitted by the county or counties in which it is located under s. 59.10 (2) (a) or (3) (b) 1., and shall divide itself into wards authorized under par. (b) in such a manner that will permit the creation of county supervisory districts in accordance with the population requirements for the plan specified in tentative plan submitted by the county or counties in which it is located under s. 59.10 (2) (a) or (3) (b) 1. unless the tentative plan would:

SB63-SSA1, s. 12 Section 12. 5.15 (2) (d) 1. to 5. of the statutes are created to read:

SB63-SSA1,6,8 5.15 (2) (d) 1. Unduly dilute the voting strength of a racial or language minority group.

SB63-SSA1,6,11 2. Require the creation of a ward composed of noncontiguous territory, except territory that is separated from the municipality by another municipality or by water, or both.

SB63-SSA1,6,13 3. Require the creation of a ward composed of territory that is not as compact as practicable.

SB63-SSA1,6,15 4. Unduly bifurcate a manifest social, economic, or political community of interest.

SB63-SSA1,6,16 5. Unduly favor a particular individual or political party.

SB63-SSA1, s. 13 Section 13. 5.15 (2) (e) of the statutes is repealed.

SB63-SSA1, s. 14 Section 14. 5.15 (2) (fm) of the statutes is created to read:

SB63-SSA1,6,24 5.15 (2) (fm) If territory becomes a part of a city, village, or town after the date on which the county in which the territory is located adopts a tentative supervisory district plan under s. 59.10 (2) (a) or (3) (b) 1., the city, village, or town may designate the territory as a separate ward or may add the territory to an existing ward until the city, village, or town adopts a subsequent decennial ward plan, unless the boundaries of the ward are adjusted under sub. (1) (c).

SB63-SSA1, s. 15 Section 15. 5.15 (2) (g) of the statutes is amended to read:

SB63-SSA1,7,4 5.15 (2) (g) If a block is affected by an a valid annexation or detachment which establishes a municipal boundary that subdivides the block, the municipalities in which the block is contained shall incorporate only the portion of the block contained within their boundaries in their ward plans division ordinances or resolutions.

SB63-SSA1, s. 16 Section 16. 5.15 (4) (a) of the statutes is amended to read:

SB63-SSA1,7,13 5.15 (4) (a) The division ordinance or resolution shall number all wards in the municipality in with unique whole numbers in consecutive order, beginning with the number one, shall designate the polling place for each ward, and shall describe the boundaries of each ward consistent with the conventions set forth in s. 4.003. The ordinance or resolution shall be accompanied by a list of the block numbers used by the U.S. bureau of the census that are wholly or partly contained within each ward, with any block numbers partly contained within a ward identified, and a map of the municipality which illustrates the revised ward boundaries.

SB63-SSA1, s. 17 Section 17. 5.15 (4) (b) of the statutes is amended to read:

SB63-SSA1,8,11 5.15 (4) (b) Within 5 days after adoption or enactment of an a division ordinance or resolution under this section or any amendment thereto, the municipal clerk shall transmit file one copy of the ordinance or resolution to or the amendment with the county clerk of each county in which the municipality is contained located, accompanied by the list and map specified in par. (a). If the population of the municipality exceeds 10,000, the municipal clerk shall furnish one copy to the legislative reference bureau at the same time a ward division includes territory that was annexed to the municipality after January 1 of the year of the federal decennial census of population, the municipal clerk shall identify, for each annexation, the block number or numbers and the municipality or municipalities from which the territory was detached. No later than 10 days after receipt of a copy of a division ordinance or resolution, accompanied by the list and map specified in par. (a), the county clerk shall file with the legislative reference bureau one copy of the ordinance or resolution, accompanied by the list and map. Upon receipt, the legislative reference bureau shall provide the board with one copy of each ordinance or resolution received under this section, accompanied by the list and map. Each copy filed under this paragraph shall identify the name of the municipality and the county or counties in which it is located. A copy may be filed with the county clerk or the legislative reference bureau or provided to the board under this paragraph either in electronic or paper format. Each copy filed with the county clerk or the legislative reference bureau under this paragraph in electronic format shall be in a form specified by the county clerk or legislative reference bureau.

SB63-SSA1, s. 18 Section 18. 5.15 (6) (a) of the statutes is amended to read:

SB63-SSA1,8,18 5.15 (6) (a) Following any municipality-wide special federal census of population, the governing body of the municipality in which the special census was held may, by ordinance or resolution, adjust the ward boundaries to correlate with the results of the census, but no ward line adjustment may cross the boundary of an assembly district. The municipal clerk shall transmit file copies of the ordinance or resolution in compliance with sub. (4) (b).

SB63-SSA1, s. 19 Section 19. 5.15 (7) of the statutes is amended to read:

SB63-SSA1,9,2 5.15 (7) If a new town is created or if part of a town is annexed to a city or village during a decennial period after the period for ward adjustments under sub. (1) (b), the town board of any the new town to which territory is attached or of the town from which territory is detached, without regard to the time provisions of sub. (1) (b), may, by ordinance or resolution, adjust the wards in that town, but no ward line adjustment may cross the boundary of an assembly district. The town clerk shall transmit file copies of the ordinance or resolution making the adjustment in compliance with sub. (4) (b).

SB63-SSA1, s. 20 Section 20. 5.15 (8) of the statutes is amended to read:

SB63-SSA1,9,6 5.15 (8) Until divided, all Every municipality that is divided into wards shall hold all elections are held in the established wards, until adjusted or revised under this section.

SB63-SSA1, s. 21 Section 21. 59.10 (2) (a) of the statutes is amended to read: