AB 189

Under current law, all or part of a town or more than one town may incorporate

as a city or village by a number of methods. Under the most generally applicable

method, the procedures include the following:

1. The circulation of an incorporation petition in the territory to be

incorporated, and the filing of the petition with the circuit court.

2. A circuit court hearing on the petition at which the court determines whether

a number of statutory standards are met, including resident population and

population density.

3. If the court finds that the standards are met, a review of the petition by the

Incorporation Review Board (board) 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 the board dismisses

the petition, the circuit court must issue an order dismissing the petition.

4. If the board 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.

Under this bill, if the territory to be incorporated includes portions of more than

one town, the electors of each town must approve the referendum for the

incorporation to take effect. In addition, the majority that is required to approve the

referendum in the territory with the smallest population, that is located solely in one

of the towns, is 75 percent.