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2011 - 2012 LEGISLATURE
ASSEMBLY AMENDMENT 52,
TO 2011 SENATE BILL 275
March 15, 2012 - Offered by Representative Mason.
SB275-AA52,1,21 At the locations indicated, amend the bill, as shown by senate substitute
2amendment 2, as follows:
SB275-AA52,1,6 31. Page 1, line 5: delete "Milwaukee area technical college district board" and
4substitute "the Milwaukee area technical college district board, providing an
5exemption from and extending the time limit for emergency rule procedures, and
6granting rule-making authority".
SB275-AA52,1,9 72. Page 1, line 6: delete the material beginning with that line and ending with
8page 6, line 20, including the material inserted by senate amendment 1, and
9substitute:
SB275-AA52,1,10 10" Section 1. 5.02 (3), (21) and (23) of the statutes are amended to read:
SB275-AA52,1,1311 5.02 (3) "Educational officer" means the state superintendent, a member of the
12Milwaukee area technical college district board,
and a school board members
13member.
SB275-AA52,2,6
1(21) "Spring election" means the election held on the first Tuesday in April to
2elect judicial officers, educational and officers other than the Milwaukee area
3technical college district board members,
municipal officers, nonpartisan county
4officers and sewerage commissioners and to express preferences for the person to be
5the presidential candidate for each party in a year in which electors for president and
6vice president are to be elected.
SB275-AA52,2,11 7(23) "State office" means the offices of governor, lieutenant governor, secretary
8of state, state treasurer, attorney general, state superintendent, justice of the
9supreme court, court of appeals judge, circuit court judge, state senator, state
10representative to the assembly and, district attorney, and member of the Milwaukee
11area technical college district board
.
SB275-AA52, s. 2 12Section 2. 5.62 (3) of the statutes, as affected by 2011 Wisconsin Acts 32 and
1375, is amended to read:
SB275-AA52,2,2314 5.62 (3) The board shall designate the official primary ballot arrangement for
15statewide offices, the Milwaukee area technical college district board members, and
16district attorney within each prosecutorial district by using the same procedure as
17provided in s. 5.60 (1) (b). On each ballot and on each separate column or row on the
18ballot, the candidates for office shall be listed together with the offices which they
19seek in the following order whenever these offices appear on the partisan primary
20ballot: governor, lieutenant governor, attorney general, secretary of state, state
21treasurer, U.S. senator, U.S. representative in congress, state senator,
22representative to the assembly, Milwaukee area technical college district board
23member,
district attorney and the county offices.
SB275-AA52, s. 3 24Section 3. 5.64 (1) (ag) of the statutes is amended to read:
SB275-AA52,3,4
15.64 (1) (ag) Except as authorized in s. 5.655, there shall be a separate ballot
2giving the names of all candidates for president and vice president and for statewide,
3congressional, legislative, Milwaukee area technical college district, and county
4offices in the same form as prescribed by the board under s. 7.08 (1) (a).
SB275-AA52, s. 4 5Section 4. 7.60 (4) (a) of the statutes is amended to read:
SB275-AA52,4,26 7.60 (4) (a) The board of canvassers shall make separate duplicate statements
7showing the numbers of votes cast for the offices of president and vice president; state
8officials; U.S. senators and representatives in congress; state legislators; justice;
9court of appeals judge; circuit judges; members of the Milwaukee area technical
10college district boards;
district attorneys; and metropolitan sewerage
11commissioners, if the commissioners are elected under s. 200.09 (11) (am). If a
12municipal judge elected under s. 755.01 (4) serves a municipality that is located
13partially within the county and candidates for that judgeship file nomination papers
14in another county, the board of canvassers shall prepare a duplicate statement
15showing the numbers of votes cast for that judgeship in that county for transmittal
16to the other county. For partisan candidates, the statements shall include the
17political party or principle designation, if any, next to the name of each candidate.
18The board of canvassers shall also prepare a statement showing the results of any
19county, technical college district, or statewide referendum. Each statement shall
20state the total number of votes cast in the county for each office; the names of all
21persons for whom the votes were cast, as returned; the number of votes cast for each
22person; and the number of votes cast for and against any question submitted at a
23referendum. The board of canvassers shall use one copy of each duplicate statement
24to report to the government accountability board, technical college district board, or

1board of canvassers of any other county and shall file the other statement in the office
2of the county clerk or board of election commissioners.
SB275-AA52, s. 5 3Section 5. 7.60 (5) (a) of the statutes, as affected by 2011 Wisconsin Act 115,
4is amended to read:
SB275-AA52,4,235 7.60 (5) (a) Immediately following the canvass, the county clerk shall deliver
6or transmit to the government accountability board a certified copy of each statement
7of the county board of canvassers for president and vice president, state officials,
8senators and representatives in congress, state legislators, justice, court of appeals
9judge, circuit judge, members of the Milwaukee area technical college district board,
10district attorney, and metropolitan sewerage commissioners, if the commissioners
11are elected under s. 200.09 (11) (am). The statement shall record the returns for each
12office or referendum by ward, unless combined returns are authorized under s. 5.15
13(6) (b) in which case the statement shall record the returns for each group of
14combined wards. Following primaries the county clerk shall enclose on forms
15prescribed by the government accountability board the names, party or principle
16designation, if any, and number of votes received by each candidate recorded in the
17same manner. The county clerk shall deliver or transmit the certified statement to
18the government accountability board no later than 9 days after each primary except
19the partisan primary, no later than 10 days after the partisan primary and any other
20election except the general election, and no later than 14 days after the general
21election. The board of canvassers shall deliver or transmit a certified copy of each
22statement for any technical college district referendum to the secretary of the
23technical college district board.
SB275-AA52, s. 6m 24Section 6m. 7.70 (3) (d) of the statutes is amended to read:
SB275-AA52,5,12
17.70 (3) (d) When the certified statements and returns are received, the
2chairperson of the board or the chairperson's designee shall proceed to examine and
3make a statement of the total number of votes cast at any election for the offices
4involved in the election for president and vice president; a statement for each of the
5offices of governor, lieutenant governor, if a primary, and a joint statement for the
6offices of governor and lieutenant governor, if a general election; a statement for each
7of the offices of secretary of state, state treasurer, attorney general, and state
8superintendent; for U.S. senator; representative in congress for each congressional
9district; the state legislature; justice; court of appeals judge; circuit judge;
10Milwaukee area technical college district board member; district attorney;
11metropolitan sewerage commission, if the commissioners are elected under s. 200.09
12(11) (am); and for any referenda questions submitted by the legislature.
SB275-AA52, s. 7m 13Section 7m. 7.70 (6) of the statutes is created to read:
SB275-AA52,5,1814 7.70 (6) Milwaukee area technical college district board members;
15determinations.
The government accountability board shall transmit to the
16secretary of the technical college district board a copy of the certified determination
17of the chairperson of the government accountability board or his or her designee for
18the election of each member of the Milwaukee area district board.
SB275-AA52, s. 10m 19Section 10m. 8.15 (6) (ds) of the statutes is created to read:
SB275-AA52,5,2220 8.15 (6) (ds) For the office of member of the the Milwaukee area technical
21college district board from any election district, not less than 200 nor more than 400
22electors.
SB275-AA52, s. 11 23Section 11. 9.10 (1) (a) of the statutes is amended to read:
SB275-AA52,6,424 9.10 (1) (a) The qualified electors of the state, of any county, city, village, or
25town, of any congressional, legislative, judicial, town sanitary, or school district, or

1of the Milwaukee area technical college district,
or of any prosecutorial unit may
2petition for the recall of any incumbent elective official by filing a petition with the
3same official or agency with whom nomination papers or declarations of candidacy
4for the office are filed demanding the recall of the officeholder.
SB275-AA52, s. 12 5Section 12. 9.10 (2) (b) of the statutes is amended to read:
SB275-AA52,6,96 9.10 (2) (b) A recall petition for a city, village, town, Milwaukee area the
7Milwaukee area technical college district,
town sanitary district, or school district
8office shall contain a statement of a reason for the recall which is related to the official
9responsibilities of the official for whom removal is sought.
SB275-AA52, s. 13 10Section 13. 9.10 (2) (d) of the statutes is amended to read:
SB275-AA52,6,2411 9.10 (2) (d) No petition may be offered for filing for the recall of an officer unless
12the petitioner first files a registration statement under s. 11.05 (1) or (2) with the
13filing officer with whom the petition is filed. The petitioner shall append to the
14registration a statement indicating his or her intent to circulate a recall petition, the
15name of the officer for whom recall is sought and, in the case of a petition for the recall
16of a city, village, town, Milwaukee area technical college district, town sanitary
17district, or school district officer, a statement of a reason for the recall which is related
18to the official responsibilities of the official for whom removal is sought. No petitioner
19may circulate a petition for the recall of an officer prior to completing registration.
20The last date that a petition for the recall of an officer may be offered for filing is 5
21p.m. on the 60th day commencing after registration. After the recall petition has
22been offered for filing, no name may be added or removed. No signature may be
23counted unless the date of the signature is within the period provided in this
24paragraph.
SB275-AA52, s. 14 25Section 14. 9.10 (3) (a) of the statutes is amended to read:
SB275-AA52,7,5
19.10 (3) (a) This subsection applies to the recall of all elective officials other
2than city, village, town, Milwaukee area technical college district, town sanitary
3district, and school district officials. City, village, town, Milwaukee area technical
4college district,
town sanitary district, and school district officials are recalled under
5sub. (4).
SB275-AA52, s. 15 6Section 15. 9.10 (4) (title) of the statutes is amended to read:
SB275-AA52,7,87 9.10 (4) (title) City, village, town, town sanitary district, Milwaukee area
8technical college district,
and school district offices.
SB275-AA52, s. 16 9Section 16. 9.10 (4) (a) of the statutes is amended to read:
SB275-AA52,8,1310 9.10 (4) (a) Within 10 days after a petition for the recall of a city, village, town,
11Milwaukee area technical college district, town sanitary district, or school district
12official, is offered for filing, the officer against whom the petition is filed may file a
13written challenge with the municipal clerk or board of election commissioners or
14school district clerk
official or agency with whom it is filed, specifying any alleged
15insufficiency. If a challenge is filed, the petitioner may file a written rebuttal to the
16challenge with the clerk or board of election commissioners official or agency within
175 days after the challenge is filed. If a rebuttal is filed, the officer against whom the
18petition is filed may file a reply to any new matter raised in the rebuttal within 2 days
19after the rebuttal is filed. Within 14 days after the expiration of the time allowed for
20filing a reply to a rebuttal, the clerk or board of election commissioners official or
21agency
shall file the certificate or an amended certificate. Within 31 days after the
22petition is offered for filing, the clerk or board of election commissioners official or
23agency
shall determine by careful examination of the face of the petition whether the
24petition is sufficient and shall so state in a certificate attached to the petition. If the
25petition is found to be insufficient, the certificate shall state the particulars creating

1the insufficiency. The petition may be amended to correct any insufficiency within
25 days following the affixing of the original certificate. Within 2 days after the
3offering of the amended petition for filing, the clerk or board of election
4commissioners
official or agency shall again carefully examine the face of the petition
5to determine sufficiency and shall attach to the petition a certificate stating the
6findings. Immediately upon finding an original or amended petition sufficient,
7except in cities over 500,000 population and in technical college districts, the
8municipal clerk or school district clerk official shall transmit the petition to the
9governing body or to the school board. Immediately upon finding an original or
10amended petition sufficient, in cities over 500,000 population, the board of election
11commissioners shall file the petition in its office. Immediately upon finding an
12original or amended petition sufficient, in the Milwaukee area technical college
13districts, the government accountability board shall file the petition in its office.
SB275-AA52, s. 17 14Section 17. 9.10 (4) (d) of the statutes is amended to read:
SB275-AA52,8,2015 9.10 (4) (d) Promptly upon receipt of a certificate under par. (a), the governing
16body, school board, or board of election commissioners , or government accountability
17board
shall call a recall election. The recall election shall be held on the Tuesday of
18the 6th week commencing after the date on which the certificate is filed, except that
19if Tuesday is a legal holiday the recall election shall be held on the first day after
20Tuesday which is not a legal holiday.
SB275-AA52, s. 18 21Section 18. 9.10 (7) of the statutes is amended to read:
SB275-AA52,8,2522 9.10 (7) Purpose. The purpose of this section is to facilitate the operation of
23article XIII, section 12, of the constitution and to extend the same rights to electors
24of cities, villages, towns, the Milwaukee area technical college districts, town
25sanitary districts, and school districts.
SB275-AA52, s. 19
1Section 19. 11.26 (1) (c) of the statutes is amended to read:
SB275-AA52,9,32 11.26 (1) (c) Candidates for representative to the assembly or member of the
3Milwaukee area technical college district board
, $500.
SB275-AA52, s. 20 4Section 20. 11.26 (2) (c) of the statutes is amended to read:
SB275-AA52,9,65 11.26 (2) (c) Candidates for representative to the assembly or member of the
6Milwaukee area technical college district board
, $500.
SB275-AA52, s. 21 7Section 21. 11.31 (1) (f) of the statutes is amended to read:
SB275-AA52,9,118 11.31 (1) (f) Candidates for representative to the assembly or member of the
9Milwaukee area technical college district board
, $17,250 total in the primary and
10election, with disbursements not exceeding $10,775 for either the primary or the
11election.
SB275-AA52, s. 22 12Section 22. 11.31 (1) (g) (intro.) of the statutes is amended to read:
SB275-AA52,9,1613 11.31 (1) (g) (intro.) In any jurisdiction or district, other than the Milwaukee
14area technical college district or
a judicial district or circuit, with a population of
15500,000 or more according to the most recent federal census covering the entire
16jurisdiction or district:
SB275-AA52, s. 23 17Section 23. 17.01 (10m) of the statutes is created to read:
SB275-AA52,9,1918 17.01 (10m) By a member of the Milwaukee area technical college district
19board, to the secretary of the district board.
SB275-AA52, s. 24 20Section 24. 17.02 (2) of the statutes is created to read:
SB275-AA52,9,2321 17.02 (2) Milwaukee area technical college district board. Of the
22resignation of the Milwaukee area member of a technical college district board, by
23the secretary of the district board to the government accountability board.
SB275-AA52, s. 25 24Section 25. 17.17 (2) of the statutes is created to read:
SB275-AA52,10,3
117.17 (2) Milwaukee area technical college district board. In the office of
2member of a technical college district board, by the secretary of the district board to
3the government accountability board.
SB275-AA52, s. 26 4Section 26. 17.27 (3) of the statutes is repealed and recreated to read:
SB275-AA52,10,145 17.27 (3) Milwaukee area technical college district board. Except as
6provided in s. 9.10, a vacancy in the office of member of the Milwaukee area technical
7college district board may be filled by temporary appointment of the remaining
8members of the district board. The temporary appointee shall serve until a successor
9is elected and qualifies. If the vacancy occurs in any year after the Tuesday after the
10first Monday in November, and on or before April 15, the vacancy shall be filled for
11the residue of the unexpired term, if any, at the succeeding general election. If the
12vacancy occurs in any year after April 15 or on or before the Tuesday after the first
13Monday in November, the vacancy shall be filled for the residue of the unexpired
14term, if any, at the 2nd succeeding general election.
SB275-AA52, s. 28 15Section 28. 38.06 (6) of the statutes is created to read:
SB275-AA52,10,1816 38.06 (6) Promptly upon issuance of a reorganization order for the Milwaukee
17area technical college district by the board, the director of the board shall transmit
18a copy of the order to the government accountability board.
SB275-AA52, s. 30 19Section 30. 38.08 (1) (a) 1. of the statutes is amended to read:
SB275-AA52,10,2520 38.08 (1) (a) 1. A Except as provided in subd. 1m., a district board shall
21administer the district and shall be composed of 9 members who are residents of the
22district, including 2 employers, 2 employees, 3 additional members, a school district
23administrator, as defined under s. 115.001 (8), and one elected official who holds a
24state or local office, as defined in s. 5.02. The board shall by rule define "employer"
25and "employee" for the purpose of this subdivision.
SB275-AA52, s. 31
1Section 31. 38.08 (1) (a) 1m. of the statutes is created to read:
SB275-AA52,11,62 38.08 (1) (a) 1m. The members of the Milwaukee area district board shall be
3elected to represent numbered election districts within the Milwaukee area
4technical college district by the electors of each election district at the general
5election. Each member of the district board shall be an elector of the numbered
6election district within the technical college district for which he or she seeks office.
SB275-AA52, s. 32 7Section 32. 38.08 (1) (b) of the statutes is amended to read:
SB275-AA52,11,98 38.08 (1) (b) District Except as provided in par. (c), district board members shall
9take office on July 1 and shall serve staggered 3-year terms.
SB275-AA52, s. 33 10Section 33. 38.08 (1) (c) of the statutes is created to read:
SB275-AA52,11,1811 38.08 (1) (c) District board members in the Milwaukee area technical college
12district take office on the first Monday in January following their election and shall
13shall serve 4-year terms. Promptly upon receipt of the determinations from the
14government accountability board under s. 7.70 (6) and upon appointment of any
15person to fill a temporary vacancy on the district board, the secretary of the
16Milwaukee area technical college district board shall send written notification of the
17name and address of each member and expiration date of each member's term to the
18director of the technical college system board.
SB275-AA52, s. 34 19Section 34. 38.08 (1g) of the statutes is repealed.
SB275-AA52, s. 35 20Section 35. 38.08 (2) and (2m) of the statutes are amended to read:
SB275-AA52,12,221 38.08 (2) Members of a district board other than the Milwaukee area technical
22college district board
shall serve until their successors are appointed and qualified.
23A vacancy shall be filled for any unexpired term of more than 90 days in the manner
24provided for the making of original appointments in s. 38.10, except that if a vacancy

1occurs within 120 days preceding a spring election, the vacancy need not be filled
2until 60 days after the spring election, in the manner provided in s. 38.10.
SB275-AA52,12,5 3(2m) Any member of a district board other than the Milwaukee area technical
4college district board
serving as an elected official under sub. (1) (a) 1. shall cease to
5be a member upon vacating his or her office as an elected official.
SB275-AA52, s. 36 6Section 36. 38.08 (6) of the statutes is created to read:
SB275-AA52,12,197 38.08 (6) (a) Within 90 days after the population count by block, established
8in the decennial federal census of population, and maps showing the location and
9numbering of census blocks become available in printed form from the federal
10government or are published for distribution by an agency of this state or within 90
11days after alteration of the boundaries of an existing district, the district board of the
12Milwaukee area technical college district shall apportion and prescribe the
13boundaries of 9 numbered election districts within the district, to be as nearly equal
14in population as possible. Alterations in election districts resulting from boundary
15changes to the existing district may be made only to the extent required to facilitate
16the change. Insofar as possible, each election district shall be compact and observe
17the community of interest of existing neighborhoods. A detailed map and description
18of each election district prescribed by the district board shall be prepared and
19transmitted by the district board to the director of the technical college system board.
SB275-AA52,13,220 (b) All proposed district boundaries prescribed by the Milwaukee area
21technical college district board under par. (a) shall become effective only upon their
22approval by the technical college system board. If the technical college system board
23disapproves the proposed boundaries, the district board shall submit a revised
24districting plan for approval of the technical college system board. Upon approval
25of the election district boundaries within any district, the technical college system

1board shall promulgate the boundaries established under par. (a) as a rule under ch.
2227. The boundaries shall become effective on the effective date of the rule.
SB275-AA52, s. 37 3Section 37. 38.10 (1) (intro.) of the statutes is amended to read:
SB275-AA52,13,64 38.10 (1) (intro.) District board members in districts other than the Milwaukee
5area technical college district
shall be appointed by an appointment committee
6constituted as follows:
SB275-AA52, s. 38 7Section 38. Nonstatutory provisions.
SB275-AA52,14,68 (1) Initial election of Milwaukee area technical college district boards.
9Notwithstanding section 38.08 (6) of the statutes, as created by this act, within 30
10days after the effective date of this subsection, the appointment committee of the
11Milwaukee area technical college district shall adopt and transmit to the secretary
12of the district board and the director of the technical college system board an initial
13districting plan for election districts as required by section 38.08 (6) of the statutes,
14as created by this act. The technical college system board shall review and determine
15its approval or disapproval of the plan as promptly as possible. If the plan is rejected,
16the appointment committee shall submit a new plan for approval. Notwithstanding
17section 227.24 (1) (a), (2) (b), and (3) of the statutes, the technical college system
18board may promulgate the plan as an emergency rule under section 227.24 of the
19statutes without providing evidence that promulgating a rule under this subsection
20as an emergency rule is necessary for the preservation of the public peace, health,
21safety, or welfare, and is not required to provide a finding of emergency for a rule
22promulgated under this subsection. Notwithstanding section 227.24 (1) (c) of the
23statutes, an emergency rule promulgated under this subsection applies until a rule
24replacing that rule takes effect or until the actions specified in section 227.24 (1) (d)
25of the statutes occur, whichever is sooner. Notwithstanding section 227.19 (4) to (6)

1of the statutes, the rule replacing a valid emergency rule adopted under this
2subsection may not contain any substantive change from the emergency rule.
3Notwithstanding sections 227.135 (2) and (4) and 227.24 (1) (e) 1d. and 1g. of the
4statutes, a proposed emergency rule promulgated under this subsection and the
5statement of the scope of the proposed emergency rule are not subject to approval of
6the governor.
SB275-AA52,14,197 (2) Transitional terms. Notwithstanding chapter 269, laws of 1981, section 22,
8and section 38.08 (1) (b) of the statutes, as affected by this act, the members of the
9Milwaukee area technical college district board who hold office on the effective date
10of this subsection shall cease to hold office on January 7, 2013. At the 2012 general
11election, 9 members shall be elected to the technical college district board for terms
12commencing on January 7, 2013. Notwithstanding section 38.08 (1) (c) of the
13statutes, as created by this act, the persons elected to represent election districts
14numbered 1 and 2 at that election shall serve for terms of one year, the persons
15elected to represent election districts numbered 3 and 4 at that election shall serve
16for terms of 2 years, the persons elected to represent election districts numbered 5
17and 6 at that election shall serve for terms of 3 years, and the persons elected to
18represent election districts numbered 7, 8, and 9 at that election shall serve for terms
19of 4 years.
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