LRBs0424/1
MES:nwn:jf
2009 - 2010 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2009 ASSEMBLY BILL 239
April 12, 2010 - Offered by Representative Jorgensen.
AB239-ASA1,1,2
1An Act to amend 66.0217 (2) of the statutes;
relating to: limiting a city's and
2village's use of direct annexation.
Analysis by the Legislative Reference Bureau
Currently, town territory that is contiguous to any city or village may be
annexed to that city or village under several methods if, in general, some of the city's
or village's territory is in the same county as the territory to be annexed, unless both
the town and county boards approve of the proposed annexation, and the city or
village agrees to make limited payments to the town based on property taxes that the
town levied on the annexed territory.
Three of the methods of annexation include the following: 1) direct annexation,
under which a petition for annexation that was signed by the required number of
electors and landowners is filed with the city or village clerk; 2) annexation by
referendum, under which a petition for referendum that was signed by the required
number of electors and landowners is filed with the city or village clerk, and a
referendum is held and passes in the town; and 3) annexation by court order and
referendum, under which the governing body of a city or village adopts a resolution
declaring its intention to apply to the circuit court for an order for an annexation
referendum.
Another method of annexation is direct annexation by unanimous approval. If
a petition for direct annexation by unanimous approval signed by all of the electors
residing in the territory and the owners of all of the real property in the territory is
filed with the city or village clerk and the town clerk of all of the involved towns, along
with a scale map and legal description of the property to be annexed, the governing
body of the city or village may, generally, annex the property by a two-thirds vote of
the body. Such an annexation, however, is subject to Department of Administration
advisory review as if the annexation petition were for direct, but not unanimous,
annexation or annexation by referendum.
Generally, cities and villages may also annex territory that is owned by the city
or village and that lies near but not necessarily contiguous to the city or village by
enacting an ordinance to annex such territory.
This substitute amendment limits the use of direct annexation by unanimous
approval to town land that is contiguous to the annexing city or village.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB239-ASA1,3,22
66.0217
(2) Direct annexation by unanimous approval. Except as provided in
3this subsection and sub. (14), and subject to ss. 66.0301 (6) (d) and 66.0307 (7), if a
4petition for direct annexation signed by all of the electors residing in the territory and
5the owners of all of the real property in the territory is filed with the city or village
6clerk, and with the town clerk of the town or towns in which the territory is located,
7together with a scale map and a legal description of the property to be annexed, an
8annexation ordinance for the annexation of the territory may be enacted by a
9two-thirds vote of the elected members of the governing body of the city or village
10without compliance with the notice requirements of sub. (4). In an annexation under
11this subsection, subject to sub. (6), the person filing the petition with the city or
12village clerk and the town clerk shall, within 5 days of the filing, mail a copy of the
13scale map and a legal description of the territory to be annexed to the department
14and the governing body shall review the advice of the department, if any, before
15enacting the annexation ordinance.
No territory may be annexed by a city or village
1under this subsection unless the territory to be annexed is contiguous to the
2annexing city or village.
AB239-ASA1,3,54
(1) This act first applies to any annexation that commences on the effective date
5of this subsection.
