AB727: Bill Text

LRB-3173/1

MES:jld

2015 - 2016 LEGISLATURE

2015 Assembly BILL 727

January 15, 2016 - Introduced by Representatives Vorpagel, Knodl and Horlacher, cosponsored by Senators Stroebel and Kapenga. Referred to Committee on State Affairs and Government Operations.

AB727,1,12 An Act to amend 1.031, 59.10 (intro.), 59.10 (2) (d) 1., 59.10 (3) (b) 4., 59.10 (3) (c) 4., 59.10 (3) (cm) 1., 59.10 (3) (cm) 2., 59.23 (2) (m) 2., 59.23 (2) (s), 59.43 (1) (t), 59.52 (4) (a) 1., 61.187 (2) (d), 61.189 (2), 66.0101 (3), 66.0101 (3), 66.0211 (5), 66.0215 (5), 66.0216 (5), 66.02162 (5), 66.0217 (1) (b), 66.0217 (1) (c) 1. a., 66.0217 (1) (c) 1. b., 66.0217 (6) (a), 66.0217 (9) (a), 66.0217 (9) (b), 66.0217 (9) (c), 66.0219 (7), 66.0219 (9), 66.0221 (1), 66.0223 (1), 66.0227 (5), 66.0231, 66.0823 (3) (b), 66.0825 (4) (b), 66.1305 (1) (h), 84.11 (4), 84.12 (4), 93.18 (5), 198.06 (5) (a), 198.06 (5) (b), 198.06 (5) (d), 198.06 (7), 198.08 (3), 198.20 (2), 198.22 (7) and 200.25 (5) of the statutes; relating to: changing the responsibility for distributing and receiving certain documents from the secretary of state to the secretary of administration and changing certain notice requirements related to annexations.

Analysis by the Legislative Reference Bureau

This bill changes certain annexation notice requirements and also changes the responsibility to receive, file, and distribute certain documents from the secretary of state to the secretary of administration. In general, the bill also reduces the number of copies of some of these documents that must be filed or distributed from 7, 6, 4, or 2 copies to one copy.

Under current law, annexations in a county with a population of 50,000 or more are not valid unless the person publishing the notice of annexation mails a copy of the notice to various units of government and the Department of Administration. Under the bill, the population requirement is deleted so the notice requirement applies to all annexations.

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:

AB727,1 Section 1. 1.031 of the statutes is amended to read:

AB727,2,7 1.031 Retrocession of jurisdiction. The governor may accept on behalf of the state, retrocession of full or partial jurisdiction over any roads, highways or other lands in federal enclaves within the state where such retrocession has been offered by appropriate federal authority. Documents concerning such action shall be filed in the office of the secretary of state administration and recorded in the office of the register of deeds of the county wherein such lands are located.

AB727,2 Section 2. 59.10 (intro.) of the statutes is amended to read:

AB727,2,15 59.10 Boards: composition; election; terms; compensation; compatibility. (intro.) The boards of the several counties shall be composed of representatives from within the county who are elected and compensated as provided in this section. Each board shall act under sub. (2), (3) or (5), unless the board enacts an ordinance, by a majority vote of the entire membership, to act under sub. (1). If a board enacts such ordinance, a certified copy shall be filed with the secretary of state administration.

AB727,3 Section 3. 59.10 (2) (d) 1. of the statutes is amended to read:

AB727,3,16 59.10 (2) (d) 1. `Number of supervisors; redistricting.' The board may, not more than once prior to November 15, 2010, decrease the number of supervisors after the enactment of a supervisory district plan under par. (a). 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 amended redistricting plan is adopted, except as authorized in sub. (3) (b) 2. In the amended plan, the board shall adhere to the requirements under sub. (3) (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. The chairperson of the board shall file a certified copy of any amended plan adopted under this subdivision with the secretary of state administration.

AB727,4 Section 4. 59.10 (3) (b) 4. of the statutes is amended to read:

AB727,3,23 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 administration. Unless otherwise ordered under sub. (6), a plan enacted and filed under this paragraph, together with any authorized amendment that is enacted and filed under this section, remains in effect until the plan is superseded by a subsequent plan enacted under this subsection and a certified copy of that plan is filed with the secretary of state administration.

AB727,5 Section 5. 59.10 (3) (c) 4. of the statutes is amended to read:

AB727,4,2 59.10 (3) (c) 4. The chairperson of the board shall file a certified copy of any amended plan under this paragraph with the secretary of state administration.

AB727,6 Section 6. 59.10 (3) (cm) 1. of the statutes is amended to read:

AB727,4,23 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 administration.

AB727,7 Section 7. 59.10 (3) (cm) 2. of the statutes is amended to read:

AB727,6,23 59.10 (3) (cm) 2. `Petition and referendum.' Except as provided in subd. 3., the electors of a county may, by petition and referendum, decrease the number of supervisors at any time after the first election is held following enactment of a decennial supervisory district plan under par. (b). A petition for a change in the number of supervisors may be filed with the county clerk. Prior to circulating a petition to decrease the number of supervisors in any county, a petitioner shall register with the county clerk, giving the petitioner's name and address and indicating the petitioner's intent to file such a petition. No signature on a petition is valid unless the signature is obtained within the 60-day period following such registration. The petition shall specify the proposed number of supervisors to be elected. Within 14 days after the last day for filing an original petition, any other petitioner may file an alternative petition with the county clerk proposing a different number of supervisors to be elected, and, if the petition is valid, the alternative proposed in the petition shall be submitted for approval at the same referendum. An alternative petition is subject to the same registration and signature requirements as an original petition. Each petition shall be in the form specified in s. 8.40 and shall contain a number of signatures of electors of the county equal to at least 25 percent of the total votes cast in the county for the office of supervisor at the most recent spring election preceding the date of filing. The county clerk shall promptly determine the sufficiency of a petition filed under this subdivision. Upon determination that a petition is sufficient, or if one or more valid alternative petitions are filed, upon determination that the petitions are sufficient, the county clerk shall call a referendum concurrently with the next spring or general election in the county that is held not earlier than 70 days after the determination is made. The question proposed at the referendum shall be: "Shall the board of supervisors of .... County be decreased from .... members to .... members?". If one or more alternative valid petitions are filed within 14 days after the last day that an original petition may be filed, the question relating to the number of supervisors shall appear separately. The first question shall be: "Shall the size of the county board of supervisors of .... County be decreased from its current membership of .... members?". Any subsequent question shall be: "If so, shall the size of the board be decreased to .... members?". Each elector may vote in the affirmative or negative on the first question and may then vote in the affirmative on one of the remaining questions. If the first question is not approved by a majority of the electors voting on the question, any subsequent question is of no effect. If the question is approved by a majority of the electors voting on the question, or, if more than one question is submitted, if the first question is approved by a majority of the electors voting on the question, the board shall enact an ordinance prescribing revised boundaries for the supervisory districts in the county. The ordinance shall be enacted in accordance with the approved question or, if more than one question is submitted, in accordance with the choice receiving a plurality of the votes cast. The districts are subject to the same requirements that apply to districts in any plan enacted by the board under subd. 1. If the board has determined under sub. (1) (b) to adopt staggered terms for the office of supervisor, the board may change the expiration date of the term of any supervisor to an earlier date than the date provided under current ordinance if required to implement the redistricting or to maintain classes of members. The county clerk shall file a certified copy of any redistricting plan enacted under this subdivision with the secretary of state administration.

AB727,8 Section 8. 59.23 (2) (m) 2. of the statutes is amended to read:

AB727,7,6 59.23 (2) (m) 2. Except as otherwise provided, receive and file the official oaths and bonds of all county officers and upon request shall certify under the clerk's signature and seal the official capacity and authority of any county officer so filing and charge the statutory fee. Upon the commencement of each term every clerk shall file the clerk's signature and the impression of the clerk's official seal in the office of the secretary of state administration.

AB727,9 Section 9. 59.23 (2) (s) of the statutes is amended to read:

AB727,7,17 59.23 (2) (s) List of local officials. Annually, on the first Tuesday of June, transmit to the secretary of state administration a list showing the name, phone number, electronic mail address, and post-office address of local officials, including the chairperson, mayor, president, clerk, treasurer, council and board members, and assessor of each municipality, and of the elective or appointive officials of any other local governmental unit, as defined in s. 66.0135 (1) (c), that is located wholly or partly within the county. Such lists shall be placed on file for the information of the public. The clerk, secretary, or other administrative officer of a local governmental unit, as defined in s. 66.0137 (1) (ae), shall provide the county clerk the information he or she needs to complete the requirements of this paragraph.

AB727,10 Section 10. 59.43 (1) (t) of the statutes is amended to read:

AB727,7,21 59.43 (1) (t) Upon commencement of each term, file his or her signature and the impression of his or her official seal or rubber stamp in the office of the secretary of state administration.

AB727,11 Section 11. 59.52 (4) (a) 1. of the statutes is amended to read:

AB727,7,24 59.52 (4) (a) 1. Notices of tax apportionment that are received from the secretary of state administration, after 3 years.

AB727,12 Section 12. 61.187 (2) (d) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB727,8,15 61.187 (2) (d) If, in accordance with par. (a), the results of the election under sub. (1) provide for dissolution, the village clerk shall, within 10 days after the election, record the petition and determination of the village board of canvassers in the office of the register of deeds of the county or counties in which the village is located and file with the secretary of administration certified copies of the petition and the determination of inspectors of election. The village clerk shall also record in the office of the register of deeds a certificate by the village clerk showing the date on which the dissolution takes effect and file with the secretary of administration 4 copies one copy of the certificate. These documents shall be recorded and indexed by the register of deeds. The index shall include the volume or reel number and the page or image number of the original documents. The secretary of administration shall forward 2 copies one copy of the certificate to the department of transportation and one to the department of revenue.

AB727,13 Section 13. 61.189 (2) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB727,9,6 61.189 (2) The election shall be noticed and conducted and the result canvassed and certified as in the case of regular village elections and the village clerk shall immediately file with the secretary of administration 4 copies one copy of a certification certifying the fact of holding such election and the result thereof and a description of the legal boundaries of such village or proposed city and 4 certified copies one certified copy of a plat scale map thereof; and thereupon a certificate of incorporation shall be issued to such city by the secretary of administration. Two copies One copy of the certification and plat scale map shall be forwarded by the secretary of administration to the department of transportation and one copy to the department of revenue. Thereafter such city shall in all things be governed by the general city charter law. All debts, obligations and liabilities existing against such village at the time of such change shall continue and become like debts, obligations and liabilities against such city, and such city may carry out and complete all proceedings then pending for the issue of bonds for improvements therein.

AB727,14 Section 14. 66.0101 (3) of the statutes is amended to read:

AB727,9,15 66.0101 (3) 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. A certified copy of the charter ordinance shall be filed by the clerk with the secretary of state administration. The secretary of state administration shall keep a separate index of all charter ordinances, arranged alphabetically by city and village and summarizing each ordinance, and annually shall issue the index of charter ordinances filed during the 12 months prior to July 1.

AB727,15 Section 15. 66.0101 (3) of the statutes is amended to read:

AB727,9,24 66.0101 (3) 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. A certified copy of the charter ordinance shall be filed by the clerk with the secretary of state administration. The secretary of state administration shall keep a separate index of all charter ordinances, arranged alphabetically by city and village and summarizing each ordinance, and annually shall issue the index of charter ordinances filed during the 12 months prior to July 1.

AB727,16 Section 16. 66.0211 (5) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB727,10,12 66.0211 (5) Certification of incorporation. If a majority of the votes in an incorporation referendum are cast in favor of a village or city, the clerk of the circuit court shall certify the fact to the secretary of administration and supply the secretary of administration with a copy of a description of the legal boundaries of the village or city and the associated population and a copy of a plat scale map of the village or city. Within 10 days of receipt of the description and plat scale map, the secretary of administration shall forward 2 copies one copy to the department of transportation and one copy each to the department of administration and the department of revenue. The secretary of administration shall issue a certificate of incorporation and record the certificate.

AB727,17 Section 17. 66.0215 (5) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB727,10,22 66.0215 (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 administration, together with the result of the census, if any, and 4 copies one copy of a description of the legal boundaries of the town and 4 copies one copy of a plat scale map of the town. The secretary of administration shall then issue a certificate of incorporation, and record the certificate in a book kept for that purpose. Two copies One copy of the description and plat scale map shall be forwarded by the secretary of administration to the department of transportation and one copy to the department of revenue.

AB727,18 Section 18. 66.0216 (5) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB727,11,12 66.0216 (5) Certificate of incorporation. If a majority of the votes are cast in favor of a city or village, the town clerk shall certify that fact to the secretary of administration, together with 4 copies one copy of a description of the legal boundaries of the town, and 4 copies of a plat scale map of the town. The town clerk shall also send the secretary of administration an incorporation fee of $1,000. Upon receipt of the town clerk's certification, the incorporation fee, and other required documents, the secretary of administration shall issue a certificate of incorporation and record the certificate in a book kept for that purpose. The secretary of administration shall provide 2 copies one copy of the description and plat scale map to the department of transportation and one copy to the department of revenue. The town clerk shall also transmit a copy of the certification and the resolution under sub. (1) to the county clerk.

AB727,19 Section 19. 66.02162 (5) of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

AB727,11,25 66.02162 (5) Certificate of incorporation. If a majority of the votes are cast in favor of a village, the town clerk shall certify that fact to the secretary, together with 4 copies of a description of the legal boundaries of the town, and 4 copies of a plat scale map of the town. The town clerk shall also send the secretary an incorporation fee of $1,000. Upon receipt of the town clerk's certification, the incorporation fee, and other required documents, the secretary shall issue a certificate of incorporation and record the certificate in a book kept for that purpose. The secretary shall provide 2 copies of the description and plat scale map to the department of transportation and one copy to the department of revenue. The town clerk shall also transmit a copy of the certification and the resolution under sub. (1) to the county clerk.