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:

SB63-SSA1,9,25 59.10 (2) (a) Composition; supervisory districts. Within 60 days after the population count by census block, established in the decennial federal census of population, and maps showing the location and numbering of census blocks become available in printed form from the federal government or are published for distribution by an agency of this state, but no later than July 1 following the year of each decennial census, the board shall adopt and transmit to the governing body of each city and village wholly or partially contained within the county a tentative county supervisory district plan to be considered by the cities and villages when dividing into wards. The tentative plan shall specify the number of supervisors to be elected and shall divide the county into a number of districts equal to the number of supervisors, with each district substantially equal in population and consisting of contiguous whole wards. Except as otherwise provided in this paragraph, the board shall develop and adopt the tentative plan in accordance with sub. (3) (b) 1. The tentative plan shall not include provision for division of any census block, as utilized by the U.S. bureau of the census in the most recent federal decennial census of population, unless the block is bisected by a municipal boundary or unless a division is required to enable creation of supervisory districts that are substantially equal in population. The board shall adopt a final plan by enacting an ordinance in accordance with sub. (3) (b) 2. to 4. Changes to the final plan shall be governed by sub. (3) (c).

SB63-SSA1, s. 22 Section 22. 59.10 (3) (b) 1. of the statutes is amended to read:

SB63-SSA1,11,9 59.10 (3) (b) 1. Within 60 days after the population count by census block, established in the decennial federal census of population, and maps showing the location and numbering of census blocks become available in printed form from the federal government or are published for distribution by an agency of this state, but no later than July 1 following the year of each decennial census, each board shall propose a tentative county supervisory district plan setting forth the number of supervisory districts proposed by the board and tentative boundaries or a description of boundary requirements, hold a public hearing on the proposed plan and adopt a tentative plan. The proposed plan may be amended after the public hearing. The tentative plan shall divide the county into a number of districts equal to the number of supervisors, with each district being substantially equal in population. The board shall solicit suggestions from municipalities concerning the development of an appropriate plan. The board shall transmit to each municipal governing body in the county the tentative plan that is adopted. Each district shall consist of whole wards or municipalities. Each district shall be designated to be represented by one supervisor, and all districts shall be substantially equal in population and shall attempt to incorporate the suggestions to the extent feasible. Territory within each proposed supervisory district under the plan shall be contiguous, except that island territory, as defined in s. 5.15 (2) (f) 3., may be combined with noncontiguous territory within the same municipality to form a supervisory district. In the tentative plan, the board shall, whenever possible, place whole contiguous municipalities or contiguous parts of the same municipality within the same district. If the division of a municipality is sought by the board, the board shall provide with the plan a written statement to the municipality affected by each proposed division specifying the approximate location of the territory from which a ward is sought to be created for contiguity purposes and the approximate population of the ward proposed to effectuate the division The tentative plan shall not include provision for division of any census block unless the block is bisected by a municipal boundary or unless a division is required to enable creation of supervisory districts that are substantially equal in population. The board shall transmit to each municipal governing body in the county a copy of the tentative plan that is adopted.

SB63-SSA1, s. 23 Section 23. 59.10 (3) (b) 2. of the statutes is amended to read:

SB63-SSA1,11,22 59.10 (3) (b) 2. Within 60 days after every municipality in the county adjusts its wards under s. 5.15, the board shall hold a public hearing and shall then adopt a final supervisory district plan, numbering each district. Wards within each supervisory district created by the plan shall be contiguous, except that one or more wards located within a city or village which is wholly surrounded by another city or water, or both, may be combined with one or more noncontiguous wards, or one or more wards or portions of wards consisting of island territory as defined in s. 5.15 (2) (f) 3. may be combined with one or more noncontiguous wards or portions of wards within the same municipality, to form a supervisory district. Except as required to reflect a change authorized under s. 5.15 (2) (d) in a municipal ward division and except as required under subd. 2m., the final plan shall not be inconsistent with the tentative plan.

SB63-SSA1, s. 24 Section 24. 59.10 (3) (b) 2m. of the statutes is created to read:

SB63-SSA1,12,11 59.10 (3) (b) 2m. The populations of supervisory districts under the tentative plan 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 that the tentative plan is adopted to reflect the correct population of the county and municipalities and blocks within the county on April 1 of the year of the census. The populations of supervisory districts under the final plan shall be determined on the basis of the federal decennial census of population and any official corrections to the census to reflect the correct populations of the county and the municipalities and blocks within the county on April 1 of the year of the census, if the corrections as they affect any municipality are issued prior to division of the municipality into wards under s. 5.15, or if a municipality is not divided into wards, prior to adoption of the final plan. In this subdivision, an official correction does not include the substitution of an estimate for an actual population count.

SB63-SSA1, s. 25 Section 25. 59.10 (3) (b) 4. of the statutes is amended to read:

SB63-SSA1,13,2 59.10 (3) (b) 4. The chairperson of the board shall file a certified copy of the final districting plan with the secretary of state. Upon receipt, the secretary of state shall provide the legislative reference bureau with one copy of each final districting plan received under this subdivision. Upon receipt, the legislative reference bureau shall provide the state elections board with one copy of each final districting plan received under this subdivision. A copy may be filed with the secretary of state or provided to the legislative reference bureau or the state elections board under this subdivision either in electronic or paper format. A copy that is filed with the secretary of state under this subdivision in electronic format shall be in a form specified by the secretary of state and authenticated in a manner specified by the secretary of state. Unless otherwise ordered under sub. (6), a plan enacted and filed with the secretary of state under this paragraph, together with any amendment enacted and filed under par. (c), remains in effect until the plan is superseded by a subsequent plan enacted under this paragraph and a certified copy of that plan is filed with the secretary of state.

SB63-SSA1, s. 26 Section 26. 59.10 (3) (c) of the statutes is renumbered 59.10 (3) (c) 1. and amended to read:

SB63-SSA1,13,13 59.10 (3) (c) 1. After the enactment of a plan of supervisory districts under par. (b), the board may amend the plan to reflect a municipal incorporation, annexation, detachment or consolidation may serve as a basis for altering between federal decennial censuses the boundaries of supervisory districts, in the discretion of the board. The number of supervisory districts in the county shall not be changed by any action under this paragraph. Any plan of county supervisory districts enacted under par. (b) may be amended under this paragraph but shall remain in effect as amended until superseded by another plan enacted by the board under par. (b) and filed subdivision.

SB63-SSA1,13,23 2. The chairperson of the board shall file a certified copy of any amended plan under this paragraph with the secretary of state. Upon receipt, the secretary of state shall provide the legislative reference bureau with one copy of the amended plan. Upon receipt, the legislative reference bureau shall provide the state elections board with one copy of the amended plan. A copy may be filed with the secretary of state or provided to the legislative reference bureau or state elections board under this subdivision either in electronic or paper format. A copy that is filed with the secretary of state under this subdivision in electronic format shall be in a form specified by the secretary of state and authenticated in a manner specified by the secretary of state.

SB63-SSA1, s. 27 Section 27. 59.10 (6) of the statutes is amended to read:

SB63-SSA1,14,12 59.10 (6) Enforcement of division requirement. If a county fails to comply with sub. (2) (a) or (3) (b), any municipality located in whole or in part within the county or any elector of the county may submit to the circuit court for the county within 14 days from the expiration of either 60-day period under sub. (2) (a) or (3) (b) a proposed tentative supervisory district plan or a final plan for creation of supervisory districts in compliance with this section. If the court finds that the existing division of the county into supervisory districts fails to comply with this section, it shall review the plan submitted by the petitioner and after reasonable notice to the county may promulgate the plan, or any other plan in compliance with this section, as a temporary supervisory district and the plan shall be in effect until superseded by a districting plan adopted by the board in compliance with this section.

SB63-SSA1, s. 28 Section 28. 62.08 (1) of the statutes is amended to read:

SB63-SSA1,15,3 62.08 (1) Within 60 days after the wards have been readjusted under s. 5.15 (1) and (2) the common council of every city, including any every 1st class city of the first class, shall redistrict the boundaries of its aldermanic districts, by an ordinance introduced at a regular meeting of the council, published as a class 2 notice, under ch. 985, and thereafter adopted by a majority vote of all the members of the council, so that all aldermanic districts are as compact in area as possible and contain, as nearly as practicable by combining contiguous whole wards, an equal number of inhabitants according to the most recent decennial federal census of population. The populations of the aldermanic districts shall be determined on the basis of the federal decennial census of population and any official corrections to the census to reflect the correct populations of the municipality and the census blocks within the municipality on April 1 of the year of the census, if the corrections are issued prior to division of the municipality into wards under s. 5.15. In this subsection, an official correction does not include the substitution of an estimate for an actual population count.

SB63-SSA1, s. 29 Section 29. 62.08 (2) of the statutes is repealed.

SB63-SSA1, s. 30 Section 30. 66.0217 (9) (a) of the statutes is amended to read:

SB63-SSA1,16,2 66.0217 (9) (a) The clerk of a city or village which has annexed territory shall file immediately with the secretary of state a certified copy of the ordinance, certificate and plat, and shall send one copy to each company that provides any utility service in the area that is annexed. The clerk shall record the ordinance with the register of deeds and file a signed copy of the ordinance with the clerk of any affected school district. Failure to file, record or send does not invalidate the annexation and the duty to file, record or send is a continuing one. The ordinance that is filed, recorded or sent under this paragraph shall describe the annexed territory and the associated population, and shall identify the census block number or numbers of the annexed territory and the municipality or municipalities from which the annexed territory was detached. If an annexation of territory establishes a municipal boundary that subdivides a census block, the clerk of the city or village to which the territory is annexed shall file with the secretary of state, along with the certified copy of the ordinance, certificate, and plat required under this paragraph, a certified estimate of the population of the territory on the effective date of the annexation, based upon the latest federal decennial census of population. The information filed with the secretary of state shall be utilized in making recommendations for adjustments to entitlements under the federal revenue sharing program and for distribution of funds under ch. 79. The clerk shall certify annually to the secretary of state and record with the register of deeds a legal description of the total boundaries of the municipality as those boundaries existed on December 1, unless there has been no change in the 12 months preceding.