3. If the court finds that the standards are met, a review of the petition by the
Department of Administration (DOA) for a determination on whether a number of

statutory standards are met, including the characteristics of the territory, the level
of governmental services that are desired or needed by the residents compared to the
level of services offered by the proposed city or village, the impact upon the
remainder of the town from which the territory is to be incorporated, and the impact
of the proposed incorporation on the metropolitan community.
If DOA dismisses the petition, the circuit court must issue an order dismissing
the petition. If DOA grants the petition, the circuit court must order an incorporation
referendum. If a majority of the votes on the referendum are cast in favor of a village
or city, the secretary of state must issue and record a certificate of incorporation.
This bill makes a number of changes in the way in which incorporation petitions
are reviewed, and subjects certain annexation procedures to incorporation petitions.
Under the bill, following circuit court review of an annexation petition, the court
forwards a petition to an Incorporation Review Board, which the bill creates. The
board is attached to DOA, and is made up of the following five people who serve at
the pleasure of their appointing authority:
1. The secretary of DOA or his or her designee.
2. Two people appointed by the Wisconsin Towns Association.
3. One person appointed by the League of Wisconsin Municipalities.
4. One person appointed by the Wisconsin Alliance of Cities.
Before a circuit court may forward a petition to the board, the bill requires the
court to determine whether an annexation proceeding that affects any territory in
the incorporation petition has been initiated. If the court determines that an
annexation proceeding was initiated before the publication of a notice of intent to
circulate a petition for incorporation (notice), the court may refer the petition to the
board only after the annexation proceeding is final.
If a court determines that an annexation proceeding was initiated on or within
30 days after the publication of the notice, the annexation may not proceed until the
validity of the annexation is determined. If the incorporation process is valid and
complete, the annexation is void. If the incorporation is invalid, the annexation may
proceed.
If a court determines that an annexation proceeding was initiated more than
30 days after the publication of the notice, the annexation is void.
Generally, under current law, DOA has 90 days to review a petition of
incorporation forwarded by a circuit court. Under this bill, the board has 180 days
to review the petition.
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:
SB323, s. 1 1Section 1. 15.07 (2) (m) of the statutes is created to read:
SB323,3,2
115.07 (2) (m) The representative of the department of administration shall
2serve as chairperson of the incorporation review board.
SB323, s. 2 3Section 2. 15.07 (3) (bm) 5. of the statutes is created to read:
SB323,3,54 15.07 (3) (bm) 5. The incorporation review board shall meet on the call of the
5chairperson or a majority of the board's members.
SB323, s. 3 6Section 3. 15.105 (23) of the statutes is created to read:
SB323,3,127 15.105 (23) Incorporation review board. (a) There is created an incorporation
8review board attached to the department of administration under s. 15.03. The board
9shall consist of the secretary of administration or his or her designee, 2 members
10appointed by the Wisconsin Towns Association, one member appointed by the League
11of Wisconsin Municipalities, and one member appointed by the Wisconsin Alliance
12of Cities. Members serve at the pleasure of the appointing authority.
SB323,3,1413 (b) No member of the incorporation review board may review a petition referred
14to the board under s. 66.0203 (8) (b) if any of the following apply:
SB323,3,1615 1. The member owns property in, or resides in, the town that is the subject of
16the incorporation petition.
SB323,3,1817 2. The member owns property in, or resides in, a city or village that is
18contiguous to the town that is the subject of the incorporation petition.
SB323,3,2319 (c) If the secretary of administration is affected by par. (b), he or she shall
20appoint a designee who is not so affected to review the petition. If any other member
21of the board is affected by par. (b), that person's appointing authority shall remove
22that person from the board and shall appoint another member to review the petition
23who is not so affected.
SB323, s. 4 24Section 4. 16.53 (14) of the statutes is amended to read:
SB323,4,7
116.53 (14) Review of proposed incorporations and annexations. The
2department incorporation review board may prescribe and collect a fee for review of
3any petition for incorporation of a municipality under s. 66.0203 or. The department
4may prescribe and collect a fee for review of
any petition for annexation of municipal
5territory under s. 66.0217. The fee shall be paid by the person or persons filing the
6petition for incorporation or by the person or persons filing the notice of the proposed
7annexation.
SB323, s. 5 8Section 5. 66.0201 (2) (a) of the statutes is renumbered 66.0201 (2) (ar).
SB323, s. 6 9Section 6. 66.0201 (2) (am) of the statutes is created to read:
SB323,4,1010 66.0201 (2) (am) "Board" means the incorporation review board.
SB323, s. 7 11Section 7. 66.0203 (8) (b) of the statutes is amended to read:
SB323,4,1712 66.0203 (8) (b) On the basis of the hearing the circuit court shall find if the
13standards under s. 66.0205 are met. If the court finds that the standards are not met,
14the court shall dismiss the petition. If Subject to par. (c), if the court finds that the
15standards are met the court shall refer the petition to the department board. Upon
16payment of any fee imposed under s. 16.53 (14), the department board shall
17determine whether the standards under s. 66.0207 are met.
SB323, s. 8 18Section 8. 66.0203 (8) (c) of the statutes is created to read:
SB323,4,2119 66.0203 (8) (c) 1. The court shall determine whether an annexation proceeding
20that affects any territory included in the incorporation petition has been initiated
21under s. 66.0217, 66.0219, or 66.0223.
SB323,5,222 2. If the court determines that an annexation proceeding described under subd.
231. was initiated before the publication of the notice under sub. (1), the court shall
24refer the petition to the board when the annexation proceeding is final. If the

1annexation is determined to be valid, the court shall exclude the annexed territory
2from the territory proposed to be incorporated when it refers the petition to the board.
SB323,5,83 3. If the court determines that an annexation proceeding described under subd.
41. was initiated on or within 30 days after the publication of the notice under sub.
5(1), the annexation may not proceed until the validity of the incorporation has been
6determined. If the incorporation is determined to be valid and complete, the
7annexation is void. If the incorporation is determined to be invalid, the annexation
8may proceed.
SB323,5,119 4. If the court determines that an annexation proceeding described under subd.
101. was initiated more than 30 days after the publication of the notice under sub. (1),
11the annexation is void.
SB323, s. 9 12Section 9. 66.0203 (9) (title), (a), (b), (d), (e) (intro.), (f), (g) and (h) of the
13statutes are amended to read:
SB323,5,1714 66.0203 (9) (title) Function of the department board. (a) Upon receipt of the
15petition from the circuit court and payment of any fee imposed under s. 16.53 (14),
16the department board shall make any necessary investigation to apply the standards
17under s. 66.0207.
SB323,5,2218 (b) Within 20 30 days after the receipt by the department board of the petition
19from the circuit court and payment of any fee imposed under s. 16.53 (14), whichever
20is later, any party in interest may request a hearing. Upon receipt of the request, the
21department board shall schedule a hearing at a place in or convenient to the territory
22sought to be incorporated.
SB323,6,523 (d) Unless the court sets a different time limit, the department board shall
24prepare its findings and determination, citing the supporting evidence, within 90
25180 days after receipt of the referral from the court and payment of any fee imposed

1under s. 16.53 (14), whichever is later. The findings and determination shall be
2forwarded by the department board to the circuit court. Copies of the findings and
3determination shall be sent by certified or registered mail to the designated
4representative of the petitioners, and to all town and municipal clerks entitled to
5receive mailed notice of the petition under sub. (4).
SB323,6,86 (e) (intro.) The determination of the department board made in accordance with
7the standards under ss. 66.0205, 66.0207 and 66.0217 (6) (c) shall be one of the
8following:
SB323,6,129 (f) If the department board determines that the petition shall be dismissed
10under par. (e) 1., the circuit court shall issue an order dismissing the petition. If the
11department board grants the petition, the circuit court shall order an incorporation
12referendum as provided in s. 66.0211.
SB323,6,1413 (g) The findings of both the court and the department board shall be based upon
14facts as they existed at the time of the filing of the petition.
SB323,6,1915 (h) Except for an incorporation petition which describes the territory
16recommended by the department board under s. 66.0203 sub. (9) (e) 3., no petition
17for the incorporation of the same or substantially the same territory may be
18entertained for one year following the date of dismissal under par. (f) of the petition
19or the date of any election at which incorporation was rejected by the electors.
SB323, s. 10 20Section 10. 66.0203 (9) (i) of the statutes is created to read:
SB323,6,2321 66.0203 (9) (i) If the board fails to make a determination within the time limit
22under par. (d), the board shall refund the fees imposed by the board under s. 16.53
23(14) and shall then make a determination as quickly as possible.
SB323, s. 11 24Section 11. 66.0205 (intro.) of the statutes is amended to read:
SB323,7,5
166.0205 Standards to be applied by the circuit court. (intro.) Before
2referring the incorporation petition as provided in s. 66.0203 (2) to the department
3board, the court shall determine whether the petition meets the formal and signature
4requirements and shall further find that the following minimum requirements are
5met:
SB323, s. 12 6Section 12. 66.0207 (title), (1) (intro.) and (b), and (2) (intro.) of the statutes
7are amended to read:
SB323,7,8 866.0207 (title) Standards to be applied by the department board.
SB323,7,10 9(1) (intro.) The department board may approve for referendum only those
10proposed incorporations which meet the following requirements:
SB323,7,2011 (b) Territory beyond the core. The territory beyond the most densely populated
12one-half square mile specified in s. 66.0205 (1) or the most densely populated square
13mile specified in s. 66.0205 (2) shall have an average of more than 30 housing units
14per quarter section or an assessed value, as defined in s. 66.0217 (1) (a) for real estate
15tax purposes, more than 25% of which is attributable to existing or potential
16mercantile, manufacturing or public utility uses. The territory beyond the most
17densely populated square mile as specified in s. 66.0205 (3) or (4) shall have the
18potential for residential or other urban land use development on a substantial scale
19within the next 3 years. The department board may waive these requirements to the
20extent that water, terrain or geography prevents the development.
SB323,7,24 21(2) (intro.) In addition to complying with each of the applicable standards set
22forth in sub. (1) and s. 66.0205 in order to be approved for referendum, a proposed
23incorporation must be in the public interest as determined by the department board
24upon consideration of the following:
SB323, s. 13 25Section 13. 66.0209 (2) and (4) of the statutes are amended to read:
SB323,8,2
166.0209 (2) The decision of the department board made under s. 66.0203 (9) is
2subject to judicial review under ch. 227.
SB323,8,7 3(4) An incorporation referendum ordered by the circuit court under s. 66.0203
4(9) (f) may not be stayed pending the outcome of further litigation, unless the court
5of appeals or the supreme court, upon an appeal or upon the filing of an original
6action in the supreme court, concludes that a strong probability exists that the order
7of the circuit court or the decision of the department board will be set aside.
SB323, s. 14 8Section 14. 66.0217 (14) of the statutes is created to read:
SB323,8,109 66.0217 (14) Law applicable. Section 66.0203 (8) (c) applies to annexations
10under this section.
SB323, s. 15 11Section 15. 66.0219 (8) of the statutes is amended to read:
SB323,8,1312 66.0219 (8) Law applicable. Section Sections 66.0203 (8) (c) and 66.0217 (11)
13applies apply to annexations under this section.
SB323, s. 16 14Section 16. 66.0223 of the statutes is amended to read:
SB323,9,7 1566.0223 Annexation of territory owned by a city or village. In addition
16to other methods provided by law and subject to ss. 59.692 (7) and 66.0307 (7),
17territory owned by and lying near but not necessarily contiguous to a village or city
18may be annexed to a village or city by ordinance enacted by the board of trustees of
19the village or the common council of the city, provided that in the case of
20noncontiguous territory the use of the territory by the city or village is not contrary
21to any town or county zoning regulation. The ordinance shall contain the exact
22description of the territory annexed and the names of the towns from which
23detached, and attaches the territory to the village or city upon the filing of 7 certified
24copies of the ordinance in the office of the secretary of state, together with 7 copies
25of a plat showing the boundaries of the territory attached. Two copies of the

1ordinance and plat shall be forwarded by the secretary of state to the department of
2transportation, one copy to the department of administration, one copy to the
3department of natural resources, one copy to the department of revenue and one copy
4to the department of public instruction. Within 10 days of filing the certified copies,
5a copy of the ordinance and plat shall be mailed or delivered to the clerk of the county
6in which the annexed territory is located. Section Sections 66.0203 (8) (c) and
766.0217 (11) applies apply to annexations under this section.
SB323, s. 17 8Section 17. Initial applicability.
SB323,9,139 (1) The treatment of sections 16.53 (14), 66.0203 (8) (b) and (c) and (9) (title),
10(a), (b), (d), (e) (intro.), (f), (g), (h), and (i), 66.0205 (intro.), 66.0207 (title), (1) (intro.)
11and (b), and (2) (intro.), 66.0217 (14), 66.0219 (8), and 66.0223 of the statutes first
12applies to a petition for incorporation of a village or city that is filed with a circuit
13court under section 66.0203 (2) of the statutes on the effective date of this subsection.
SB323,9,1414 (End)
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