SB150: Bill Text

SB150, s. 19 Section 19. 59.10 (3) (c) of the statutes is renumbered 59.10 (3) (c) 1. and amended to read:

SB150,15,2 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 (b) may be amended under this paragraph but shall remain in effect as amended until superseded by another plan enacted by the board under par.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.

SB150,15,4 4. The chairperson of the board shall file a certified copy of any amended plan under this paragraph with the secretary of state.

SB150, s. 20 Section 20. 59.10 (3) (c) 2. and 3. of the statutes are created to read:

SB150,15,9 59.10 (3) (c) 2. Within 45 days after enactment or adoption of a revised division ordinance or resolution under s. 5.15 (4) (a), the board shall amend the county supervisory district plan under par. (b) to reflect any renumbering of the wards specified in the plan.

SB150,15,17 3. The districts under the amended plan shall be substantially equal in population according to the most recent countywide federal census and shall be in as compact a form as possible. The board shall adhere to the requirements of par. (b) 2. with regard to contiguity and shall, to the extent possible, place whole contiguous municipalities or contiguous parts of the same municipality within the same district. In the amended plan, the original numbers of the districts in their geographic outlines, to the extent possible, shall be retained. An amended plan becomes effective on the first November 15 following its enactment.

SB150, s. 21 Section 21. 59.10 (3) (cm) 1. of the statutes is amended to read:

SB150,16,13 59.10 (3) (cm) 1. `Number of supervisors; redistricting.' Except as provided in subd. 3., following the enactment of a decennial supervisory district plan under par. (b), the board may decrease the number of supervisors. In that case, the board shall redistrict, readjust, and change the boundaries of supervisory districts, so that the number of districts equals the number of supervisors, the districts are substantially equal in population according to the most recent countywide federal census, the districts are in as compact a form as possible, and the districts consist of contiguous municipalities or contiguous whole wards in existence at the time at which the redistricting plan is adopted, except as authorized in par. (b) 1. In the redistricting plan, the board shall adhere to the requirements under par. (b) 2. with regard to contiguity and shall, to the extent possible, place whole contiguous municipalities or contiguous parts of the same municipality within the same district. In redistricting under this subdivision, the original numbers of the districts in their geographic outlines, to the extent possible, shall be retained. No plan may be enacted under this subdivision during review of the sufficiency of a petition filed under subd. 2. nor after a referendum is scheduled on such a petition. However, if the electors of the county reject a change in the number of supervisory districts under subd. 2., the board may then take action under this subdivision except as provided in subd. 3. The county clerk shall file a certified copy of any redistricting plan enacted under this subdivision with the secretary of state.

SB150, s. 22 Section 22. 59.10 (6) of the statutes is amended to read:

SB150,17,2 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 45-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.

SB150, s. 23 Section 23. 62.08 (1) of the statutes is amended to read:

SB150,18,2 62.08 (1) Within 60 45 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. Territory within each aldermanic district to be created under the plan shall be contiguous, except that territory within the city that is wholly surrounded by another city or water, or both, may be combined with noncontiguous territory, or island territory, as defined in s. 5.15 (2) (f) 3., may be combined with noncontiguous territory within the same municipality to form an aldermanic district. The aldermanic district plan shall not include provision for division of any census block unless the block is bisected by a municipal boundary or the division is made as required under s. 5.15 (2) (c). The populations of the aldermanic districts shall be determined on the basis of the federal decennial census and any official corrections to the census to reflect the correct populations of the municipality and the 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. Within 45 days after enactment or adoption of a revised division ordinance or resolution under s. 5.15 (4) (a), the common council shall amend the aldermanic district plan to reflect any renumbering of the wards specified in the plan.

SB150, s. 24 Section 24. 62.08 (2) of the statutes is amended to read:

SB150,18,9 62.08 (2) If territory becomes a part of any city after adoption of the ordinance under sub. (1) April 1 of the year of the federal decennial census, the limitations of s. 5.15 relating to population or area do not apply to the creation of new wards in the attached territory, or to the addition of the territory to an existing ward, but no ward line adjustment may cross the boundary of an a congressional, assembly, or supervisory district.

SB150, s. 25 Section 25. 62.08 (4m) of the statutes is amended to read:

SB150,18,24 62.08 (4m) If in a city that is solely contained within one county the aldermanic districts are coterminous with the supervisory districts of the county and the county board decreases the number of supervisors in the county after enactment of a redistricting plan under s. 59.10 (3) (cm), the common council of the city may, by a majority vote of all of the members of the council, no later than November 15 immediately preceding the expiration of the terms of office of members of the council, decrease the number of aldermanic districts and the corresponding number of members of the council in the city to maintain coterminous boundaries between the aldermanic and supervisory districts and may change the expiration date of the term of any council member to an earlier date than the date provided under the current ordinance if required to implement the redistricting or to maintain classes of members. Any amended aldermanic district plan that is adopted under this subsection is subject to the same procedures and requirements that apply to decennial plans adopted under sub. (1).

SB150, s. 26 Section 26. 62.08 (5) of the statutes is amended to read:

SB150,19,9 62.08 (5) If a city fails to comply with sub. (1), any elector of the city may submit to the circuit court for any county in which the city is located within 14 days from the expiration of the 60-day 45-day period under sub. (1) a proposed plan for creation of aldermanic districts in compliance with this section. If the court finds that the existing division of the city into aldermanic districts fails to comply with this section, it shall review the plan submitted by the petitioner and after reasonable notice to the city may promulgate the plan, or any other plan in compliance with this section, as a temporary aldermanic district plan until superseded by a districting plan adopted by the council in compliance with this section.

SB150, s. 27 Section 27. 119.08 (1) (b) of the statutes is amended to read:

SB150,19,18 119.08 (1) (b) Within 60 45 days after the common council of the city enacts an ordinance determining or adopts a resolution adjusting the boundaries of the aldermanic districts wards in the city following the federal decennial census under s. 62.08 5.15 (1) and (2), the board shall, by vote of a majority of the membership of the board, adopt an election district apportionment plan for the election of board members which shall be effective until the city enacts a new ordinance under s. 62.08 (1) redetermining the aldermanic district boundaries adjusting the boundaries of its wards under s. 5.15 (1) and (2).

SB150, s. 28 Section 28. 751.035 of the statutes is created to read:

SB150,19,24 751.035 Assignment to a judicial panel; appeals. (1) Upon receiving notice under s. 801.50 (4m), the supreme court shall appoint a panel consisting of 3 circuit court judges to hear the matter. The supreme court shall choose one judge from each of 3 circuits and shall assign one of the circuits as the venue for all hearings and filings in the matter.

SB150,20,2 (2) Notwithstanding s. 801.58, no party may move for substitution of any circuit court judge assigned under this section.

SB150,20,5 (3) An appeal from any order or decision issued by the panel assigned pursuant to sub. (1) shall be heard by the supreme court and may not be heard by a court of appeals for any district.

SB150, s. 29 Section 29. 801.50 (4m) of the statutes is created to read:

SB150,20,11 801.50 (4m) Venue of an action to challenge the apportionment of any congressional or state legislative district shall be as provided in s. 751.035. Not more than 5 days after an action to challenge the apportionment of a congressional or state legislative district is filed, the clerk of courts for the county where the action is filed shall notify the clerk of the supreme court of the filing.

SB150, s. 30 Section 30. Initial applicability.

SB150,20,21 (1) The treatment of sections 5.15 (1) (b) (with respect to the period for ward division), 5.18, 59.10 (2) (a) (with respect to the periods for supervisory redistricting), (3) (b) 1. (with respect to the periods for supervisory redistricting) and 2. (with respect to the periods for supervisory redistricting), and (6) (with respect to the periods for supervisory redistricting), 62.08 (1) (with respect to the period for aldermanic redistricting) and (5) (with respect to the period for aldermanic redistricting), and 119.08 (1) (b) of the statutes first applies with respect to ward division and redistricting of supervisory and aldermanic districts in response to the 2020 federal decennial census.

SB150,20,24 (2) The treatment of section 5.15 (1) (b) of the statutes (with respect to territory included within wards) first applies retroactively to wards adjusted in response to the 2010 federal decennial census of population.

SB150,20,25 (End)