AB510: Bill Text

AB510, s. 9 Section 9. 7.51 (4) (b) of the statutes is amended to read:

AB510,9,18 7.51 (4) (b) The chief inspector, or one of the inspectors appointed by him or her, immediately after the votes are tabulated or counted at each election, shall report the returns of the election to the municipal clerk or , to the school district clerk for school district elections, except in 1st class cities, or to the metropolitan service district clerk for metropolitan service district elections. The clerk shall then make the returns public.

AB510, s. 10 Section 10. 7.51 (5) of the statutes is amended to read:

AB510,9,25 7.51 (5) Returns. (a) The inspectors shall make full and accurate return of the votes cast for each candidate and proposition on tally sheet forms provided by the municipal clerk for that purpose. Each tally sheet shall record the returns for each office or referendum by ward, unless combined returns are authorized in accordance with s. 5.15 (6) (b) in which case the tally sheet shall record the returns for each group of combined wards. After recording the votes, the inspectors shall seal in a carrier envelope outside the ballot bag or container one inspectors' statement under sub. (4) (a), one tally sheet, and one poll or registration list for delivery to the county clerk, unless the election relates only to municipal or school district offices or referenda or metropolitan service district offices. The inspectors shall also similarly seal one inspectors' statement, one tally sheet, and one poll or registration list for delivery to the municipal clerk. For school district elections, except in 1st class cities, the inspectors shall similarly seal one inspectors' statement, one tally sheet, and one poll or registration list for delivery to the school district clerk. For metropolitan service district elections, the inspectors shall similarly seal one inspectors' statement, one tally sheet, and one poll or registration list for delivery to the metropolitan service district clerk. The inspectors shall immediately deliver all ballots, statements, tally sheets, lists, and envelopes to the municipal clerk.

AB510,10,21 (b) The municipal clerk shall arrange for delivery of all ballots, statements, tally sheets, lists, and envelopes relating to a school district or metropolitan service district election to the school district or metropolitan service district clerk, respectively. The municipal clerk shall deliver the ballots, statements, tally sheets, lists, and envelopes for his or her municipality relating to any county, technical college district, state, or national election to the county clerk by 2 p.m. on the day following each such election. The person delivering the returns shall be paid out of the municipal treasury. Each clerk shall retain ballots, statements, tally sheets, or envelopes received by the clerk until destruction is authorized under s. 7.23 (1).

AB510, s. 11 Section 11. 7.53 (3m) of the statutes is created to read:

AB510,11,15 7.53 (3m) Metropolitan service district elections. The metropolitan service district clerk shall appoint 2 qualified electors of the district prior to the date of the election being canvassed, who shall, with the clerk, constitute the metropolitan service district board of canvassers. The clerk shall appoint an individual to fill any temporary vacancy on the board of canvassers. The canvass shall begin as soon as possible after receipt of the returns and shall continue, without adjournment, until completed. The board of canvassers may return defective returns to the municipal board of canvassers in the manner provided in s. 7.60 (3). Following the spring election, the board of canvassers shall publicly declare the results on or before the 2nd Tuesday of April. The board of canvassers shall prepare a written statement showing the numbers of votes cast for each person for each office and shall prepare a determination showing the names of the persons who are elected to the metropolitan service district commission. Following each primary election, the board of canvassers shall prepare a statement certifying the names of the persons who have won nomination to the metropolitan service district commission. Each statement and determination shall be attested by each of the canvassers. The board of canvassers shall file each statement and determination in the metropolitan service district office.

AB510, s. 12 Section 12. 8.10 (6) (e) of the statutes is created to read:

AB510,11,18 8.10 (6) (e) For members of a metropolitan service district commission, with the metropolitan service district clerk.

AB510, s. 13 Section 13. 8.11 (2f) of the statutes is created to read:

AB510,11,25 8.11 (2f) Metropolitan service district commissions. A primary shall be held in a metropolitan service district whenever there are more than twice the number of candidates as are to be elected members of the metropolitan service district commission, or, if the district elects commissioners from apportioned areas, more than twice as many candidates as are to be elected members of the commission from any apportioned area.

AB510, s. 14 Section 14. 9.10 (1) (a) of the statutes is amended to read:

AB510,12,7 9.10 (1) (a) The qualified electors of the state,; of any county, city, village, or town,; of any congressional, legislative, judicial, or school district,; of any metropolitan service district; or of any prosecutorial unit may petition for the recall of any incumbent elective official by filing a petition with the same official or agency with whom nomination papers or declarations of candidacy for the office are filed demanding the recall of the officeholder.

AB510, s. 15 Section 15. 9.10 (1) (b) of the statutes is amended to read:

AB510,12,16 9.10 (1) (b) Except as provided in par. (c), a petition for recall of a state, congressional, legislative, judicial, or county officer shall be signed by electors equal to at least 25% of the vote cast for the office of governor at the last election within the same district or territory as that of the officeholder being recalled. Except as provided in par. (c), a petition for the recall of a city, village, town, metropolitan service district, or school district officer shall be signed by electors equal to at least 25% of the vote cast for the office of president at the last election within the same district or territory as that of the officeholder being recalled.

AB510, s. 16 Section 16. 9.10 (2) (d) of the statutes is amended to read:

AB510,13,8 9.10 (2) (d) No petition may be offered for filing for the recall of an officer unless the petitioner first files a registration statement under s. 11.05 (1) or (2) with the filing officer with whom the petition is filed. The petitioner shall append to the registration a statement indicating his or her intent to circulate a recall petition, the name of the officer for whom recall is sought and, in the case of a petition for the recall of a city, village, town, metropolitan service district, or school district officer, a statement of a reason for the recall which is related to the official responsibilities of the official for whom removal is sought. No petitioner may circulate a petition for the recall of an officer prior to completing registration. The last date that on which a petition for the recall of a state, congressional, legislative, judicial, or county officer may be offered for filing is 5 p.m. on the 60th day commencing after registration. The last date that on which a petition for the recall of a city, village, town, metropolitan service district, or school district officer may be offered for filing is 5 p.m. on the 30th day commencing after registration. After the recall petition has been offered for filing, no name may be added or removed. No signature may be counted unless the date of the signature is within the period provided in this paragraph.

AB510, s. 17 Section 17. 9.10 (3) (a) of the statutes is amended to read:

AB510,13,13 9.10 (3) (a) This subsection applies to the recall of all elective officials other than city, village, town, metropolitan service district, and school district officials. City, village, town, metropolitan service district, and school district officials are recalled under sub. (4).

AB510, s. 18 Section 18. 9.10 (4) (a) of the statutes is amended to read:

AB510,14,22 9.10 (4) (a) Within 10 days after a petition for the recall of a city, village, town, metropolitan service district, or school district official, is offered for filing, the officer against whom the petition is filed may file a written challenge with the municipal clerk or board of election commissioners or school district clerk official or agency with whom it the petition is filed, specifying any alleged insufficiency. If a challenge is filed, the petitioner may file a written rebuttal to the challenge with the clerk or board of election commissioners official or agency within 5 days after the challenge is filed. If a rebuttal is filed, the officer against whom the petition is filed may file a reply to any new matter raised in the rebuttal within 2 days after the rebuttal is filed. Within 14 days after the expiration of the time allowed for filing a reply to a rebuttal, the clerk or board of election commissioners official or agency shall file the certificate or an amended certificate. Within 31 days after the petition is offered for filing, the clerk or board of election commissioners official or agency shall determine by careful examination of the face of the petition whether the petition is sufficient and shall so state in a certificate issued by the official or agency and attached to the petition. If the petition is found to be insufficient, the certificate shall state the particulars creating the insufficiency. The petition may be amended to correct any insufficiency within 5 days following the affixing of the original certificate. Within 2 days after the offering of the amended petition for filing, the clerk or board of election commissioners official or agency shall again carefully examine the face of the petition to determine sufficiency and shall attach to the petition a certificate stating the findings. Immediately upon finding an original or amended petition sufficient, except in cities over 500,000 population, the municipal clerk or school district clerk and except with regard to a member of a metropolitan service district commission, the official shall transmit the petition to the governing body or to the school board. Immediately Except with regard to a member of a metropolitan service district commission, immediately upon finding an original or amended petition sufficient, in cities over 500,000 population, the board of election commissioners shall file the petition in its office. Immediately upon finding an original or amended petition sufficient, with regard to a member of a metropolitan service district commission, the metropolitan service district clerk shall file the petition in his or her office and shall transmit a copy of the petition to the governing body of each city, village, and town that has territory within the jurisdiction of the metropolitan service district.

AB510, s. 19 Section 19. 9.10 (4) (d) of the statutes is amended to read:

AB510,15,4 9.10 (4) (d) Promptly upon receipt of a certificate or copy of the certificate issued under par. (a), the governing body, school board, or board of election commissioners shall call a recall election. The recall election shall be held on the Tuesday of the 6th week commencing after the date on which the certificate is filed, except that if Tuesday is a legal holiday the recall election shall be held on the first day after Tuesday which is not a legal holiday.

AB510, s. 20 Section 20. 9.10 (7) of the statutes is amended to read:

AB510,15,8 9.10 (7) Purpose. The purpose of this section is to facilitate the operation of article XIII, section 12, of the constitution and to extend the same rights to electors of cities, villages, towns, metropolitan service districts, and school districts.

AB510, s. 21 Section 21. 10.05 of the statutes is amended to read:

AB510,15,23 10.05 Posting of notice. Unless specifically designated elsewhere, this section applies to villages, towns and, school districts, and metropolitan service districts. Whenever a notice is required to be published, a village, town or, school district, or metropolitan service district may post 3 notices in lieu of publication under ch. 985 whenever there is not a newspaper published within the village, town or, school district, or metropolitan service district or whenever the governing body of the village, town or, school district , or metropolitan service district chooses to post in order to supplement notice provided in a newspaper. Whenever the manner of giving notice is changed by the governing body, the body shall give notice of the change in the manner used before the change. Whenever posting is used, the notices shall be posted no later than the day prescribed by law for publication , or, if that day falls within the week preceding the election to be noticed, at least one week before the election. All notices given for the same election shall be given in the same manner.

AB510, s. 22 Section 22. 10.07 (1) of the statutes is amended to read:

AB510,16,10 10.07 (1) Except as provided in sub. (2) in the case of voting machine ballots, whenever any county clerk or and one or more municipal or, school district , or metropolitan service district clerks within the same county are directed to publish, or whenever 2 or more municipal, school district, or metropolitan service district clerks within the same county are directed to publish any notice or portion of a notice under this chapter on the same date in the same newspaper, the text of which is identical, the clerks may publish one notice only. The cost of publication of such notice or the portion of the notice required shall be apportioned equally between the county and each municipality or, school district, or metropolitan service district sharing in its publication.

AB510, s. 23 Section 23. 11.02 (8) of the statutes is created to read:

AB510,16,13 11.02 (8) If the jurisdiction under sub. (3) is a metropolitan service district, the appropriate clerk is the metropolitan service district clerk.

AB510, s. 24 Section 24. 11.31 (1) (h) (intro.) of the statutes is amended to read:

AB510,16,19 11.31 (1) (h) (intro.) Candidates for any local office , who are elected from a jurisdiction or district with less than 500,000 inhabitants according to the latest federal census or census information on which the district is based, as certified by the appropriate filing officer, and candidates for member of a metropolitan service district commission, an amount equal to the greater of the following:

AB510, s. 25 Section 25. 17.01 (11m) of the statutes is created to read:

AB510,16,24 17.01 (11m) By a member of a metropolitan service district commission, to the commission. The commission shall immediately give a copy of each resignation under this subsection to the elections board and to the chief executive officer of each municipality that has territory within the jurisdiction of the district.

AB510, s. 26 Section 26. 17.13 (intro.) of the statutes is amended to read:

AB510,17,5 17.13 Removal of village, town, town sanitary district, school district, technical college and district, family care district, and metropolitan service district officers. (intro.) Officers of towns, town sanitary districts, villages, school districts, technical college districts and , family care districts, and metropolitan service districts may be removed as follows:

AB510, s. 27 Section 27. 17.13 (3) of the statutes is amended to read:

AB510,17,12 17.13 (3) All officers. Any village, town, town sanitary district, school district or, technical college district, or metropolitan service district officer, elective or appointive, including those embraced within subs. (1) and (2), by the a judge of the circuit court of the a circuit wherein the village, town, town sanitary district, school district or, technical college district , or metropolitan service district is situated, for cause.

AB510, s. 28 Section 28. 17.27 (1f) of the statutes is created to read:

AB510,17,22 17.27 (1f) Metropolitan service district commission. Except as provided in s. 9.10, a vacancy in the office of any member of a metropolitan service district commission may be filled by temporary appointment of the remaining members of the commission. The temporary appointee shall serve until a successor is elected and qualified. If the vacancy occurs in any year after the first Tuesday in April and on or before December 1, the vacancy shall be filled for the residue of the unexpired term, if any, at the date of the next spring election. If the vacancy occurs in any year after December 1 or on or before the first Tuesday in April, the vacancy shall be filled for the residue of the unexpired term, if any, at the 2nd succeeding spring election.

AB510, s. 29 Section 29. 23.09 (19) (a) 2. of the statutes is amended to read:

AB510,18,3 23.09 (19) (a) 2. "Governmental unit" means a city, village, town, county, lake sanitary district, as defined in s. 30.50 (4q), public inland lake protection and rehabilitation district, or metropolitan service district under subch. VI of ch. 229 which provides parks and recreation services under s. 229.863 (2) (d), or the Kickapoo reserve management board.

AB510, s. 30 Section 30. 23.09 (20) (ab) 1. of the statutes is amended to read:

AB510,18,7 23.09 (20) (ab) 1. "Governmental unit" means a municipality, a metropolitan service district under subch. VI of ch. 229 which provides parks and recreation services under s. 229.863 (2) (d), or the Kickapoo reserve management board.

AB510, s. 31 Section 31. 23.09 (20m) (a) 1. of the statutes is amended to read:

AB510,18,12 23.09 (20m) (a) 1. "Governmental unit" means a city, village, town, county, or metropolitan service district under subch. VI of ch. 229 which provides parks and recreation services under s. 229.863 (2) (d), or the Kickapoo reserve management board.

AB510, s. 32 Section 32. 23.0917 (4m) (a) 3. of the statutes is amended to read:

AB510,18,17 23.0917 (4m) (a) 3. "Local governmental unit" means a city, village, town, county, lake sanitary district, as defined in s. 30.50 (4q), or a public inland lake protection and rehabilitation district, or metropolitan service district under subch. VI of ch. 229 which provides parks and recreation services under s. 229.863 (2) (d).

AB510, s. 33 Section 33. 23.094 (1) of the statutes is amended to read:

AB510,18,23 23.094 (1) Definition. In this section, "political subdivision" means a city, village, town, county, lake sanitary district, as defined in s. 30.50 (4q), or public inland lake protection and rehabilitation district, or metropolitan service district under subch. VI of ch. 229 which provides parks and recreation services under s. 229.863 (2) (d).

AB510, s. 34 Section 34. 25.50 (1) (d) of the statutes is amended to read:

AB510,19,11 25.50 (1) (d) "Local government" means any county, town, village, city, power district, sewerage district, drainage district, town sanitary district, public inland lake protection and rehabilitation district, local professional baseball park district created under subch. III of ch. 229, family care district under s. 46.2895, local professional football stadium district created under subch. IV of ch. 229, local cultural arts district created under subch. V of ch. 229, metropolitan service district under subch. VI of ch. 229, public library system, school district or technical college district in this state, any commission, committee, board or officer of any governmental subdivision of this state, any court of this state, other than the court of appeals or the supreme court, or any authority created under s. 231.02, 233.02 or 234.02.

AB510, s. 35 Section 35. 27.01 (3) of the statutes is amended to read:

AB510,19,19 27.01 (3) Transfer of state park land to municipalities. The department may not transfer the ownership of any state park or land within any state park to any county, city, village or, town, county, or metropolitan service district under subch. VI of ch. 229 which provides parks and recreation services under s. 229.863 (2) (d) unless it the department receives the approval of the joint committee on finance regarding the appropriate level of reimbursement to be received by the state to reflect the state's cost in acquiring and developing the state park or land within the state park.

AB510, s. 36 Section 36. 27.075 (1) of the statutes is amended to read:

AB510,20,18 27.075 (1) The county board of any county with a population of less than 500,000 is hereby vested with all powers of a local, legislative, and administrative character for the purpose of governing, managing, controlling, improving , and caring for public parks, parkways, boulevards, and pleasure drives; and to carry out these powers in districts which it may create for different purposes, or throughout the county, and for such purposes to levy county taxes, to issue bonds, assessment certificates, and improvement bonds, or any other evidence of indebtedness. The powers hereby conferred under this section may be exercised by the county board in any town, city or village city, village, or town, or part thereof located in such the county upon the request of any such town, city or village city, village, or town, evidenced by a resolution adopted by a majority vote of the members-elect of its governing body, designating the particular park function, duty, or act, and the terms, if any, upon which the same shall be exercised by the county board. Such The resolution shall state whether the authority or function is to be exercised exclusively by the county or jointly by the county and the town, city or village city, village, or town, and shall also state that the exercise of such the power by the county is in the public interest. Upon the receipt of the resolution, the county board may, by a resolution adopted by a majority vote of its membership, elect to assume the exercise of such the authority or function, upon the terms and conditions set forth in the resolution presented by the town, city or village city, village, or town. A city, village, or town whose parks and recreation services are provided under s. 229.863 (2) (d) by a metropolitan service district under subch. VI of ch. 229 may negotiate the termination of any agreement entered into with a county under this subsection.

AB510, s. 37 Section 37. 27.075 (2) of the statutes is amended to read:

AB510,21,9 27.075 (2) The county board of any such county may, by a resolution adopted by a majority of its membership, propose to the towns, cities and villages cities, villages, and towns located in such the county, or any of them, that it offers to exercise such the powers and functions therein in order that are necessary to consolidate municipal park services and functions in said the county. Such The resolution shall designate the particular function, duty, or act and the terms and conditions, if any, upon which the county board will perform the same. The powers conferred in sub. (1) and designated in such the resolution may thereafter be exercised by the county board in each such town, city or village which shall accept such city, village, or town which accepts the proposal by the adoption of a resolution by a majority vote of the members-elect of its governing body, except that no governing body may accept any proposal described under this subsection unless it contains a provision under which the city, village, or town may terminate its agreement with the county if the city, village, or town wishes to have its parks and recreation services provided under s. 229.863 (2) (d) by a metropolitan service district under subch. VI of ch. 229.

AB510, s. 38 Section 38. 27.075 (3) of the statutes is amended to read:

AB510,21,17 27.075 (3) After the adoption of resolutions by the county board, the county board shall have full power to may legislate upon and administer the entire subject matter committed to it, and among other things, to and may determine, where not otherwise provided by law, the manner of exercising the power thus assumed. No county may exercise any power under this section in a city, village, or town whose parks and recreation services are provided under s. 229.863 (2) (d) by a metropolitan service district under subch. VI of ch. 229.

AB510, s. 39 Section 39. 27.075 (4) of the statutes is amended to read:

AB510,22,14 27.075 (4) The town, city or village concerned A city, village, or town may enter into necessary contracts a contract with the county, and appropriate money to pay the county, for the reasonable expenses incurred in rendering the park services assumed. Such The contract shall provide a procedure for the termination of the contract by any city, village, or town that wishes to have its parks and recreation services provided under s. 229.863 (2) (d) by a metropolitan service district under subch. VI of ch. 229. The expenses may be certified, returned , and paid as are other county charges, and, in the case of services performed pursuant to under a proposal for the consolidation thereof of municipal park services initiated by the county board and made available to each town, city and village city, village, and town in the county on the same terms, the expenses thereof shall be certified, returned, and paid as county charges; but in the event that each and every town, city and village if every city, village, and town in the county shall accept such accepts the proposal of the county board the expenses thereof shall be paid by county taxes to be levied and collected as are other taxes for county purposes. Said towns, cities and villages are vested with all necessary power to do the things herein required, and to do all things and to exercise or relinquish any of the powers herein provided or contemplated. The procedure herein provided in this section for the request or acceptance of the exercise of the powers conferred on the county board in cities and villages is hereby prescribed as a special method of determining the local affairs and government of such cities and villages pursuant to article XI, section 3, of the constitution.

AB510, s. 40 Section 40. 27.08 (1) of the statutes is amended to read:

AB510,22,23 27.08 (1) Every city that does not have its parks and recreation services provided under s. 229.863 (2) (d) by a metropolitan service district under subch. VI of ch. 229 may by ordinance create a board of park commissioners subject to this section, or otherwise as provided by ordinance. Such , and if the city has a board of park commissioners the city shall terminate that board and end the board's authority under this section upon the city's decision to have its parks and recreation services provided under s. 229.863 (2) (d). The board shall be organized as directed by the common council shall provide.

AB510, s. 41 Section 41. 27.08 (3) of the statutes is amended to read:

AB510,23,10 27.08 (3) In any city having no If a city does not have a board of park commissioners its and its parks and recreation services are not provided under s. 229.863 (2) (d) by a metropolitan service district under subch. VI of ch. 229, the city's public parks, parkways, boulevards, and pleasure drives shall be under the charge of its board of public works, if it has such last named board; otherwise or, if it does not have such a board, under the charge of its common council. When so in charge, the board of public works or the common council may exercise all of the powers of a board of park commissioners. Upon a city's decision to have its parks and recreation services provided under s. 229.863 (2) (d), the city's board of public works or common council may not exercise any authority under this section.

AB510, s. 42 Section 42. 30.277 (1b) (a) of the statutes is amended to read:

AB510,23,15 30.277 (1b) (a) "Governmental unit" means a city, village, town, county, or metropolitan service district under subch. VI of ch. 229 which provides parks and recreation services under s. 229.863 (2) (d), or the Kickapoo reserve management board.

AB510, s. 43 Section 43. 43.01 (1m) of the statutes is created to read:

AB510,23,17 43.01 (1m) "District" means a metropolitan service district under ch. 229.

AB510, s. 44 Section 44. 43.18 (1) (ag) of the statutes is amended to read:

AB510,23,21 43.18 (1) (ag) In this subsection, "participating municipality" means a district or municipality that operates a public library and is a member of a public library system.

AB510, s. 45 Section 45. 43.52 (1r) of the statutes is created to read:

AB510,24,2 43.52 (1r) A municipal library may be operated by a district if the municipality and district enter into an agreement of their governing bodies. Notwithstanding s. 43.54, the agreement shall provide for the creation of new library board to carry out the powers and duties under s. 43.58.

AB510, s. 46 Section 46. 43.53 (4) of the statutes is created to read:

AB510,24,7 43.53 (4) A joint library may be operated by a district if the district and the municipalities that established the joint library enter into an agreement of their governing bodies. Notwithstanding s. 43.54, the agreement shall provide for the creation of a new library board to carry out the powers and duties under s. 43.58.

AB510, s. 47 Section 47. 59.69 (2) (g) of the statutes is created to read:

AB510,24,12 59.69 (2) (g) 1. Subject to subd. 2., not later than the first day of the 7th month after the effective date of this subdivision .... [revisor inserts date], the county zoning agency shall designate the boundaries of all urbanized areas in the county, based on at least all of the following factors:

AB510,24,13 a. Population density.

AB510,24,14 b. Compactness.

AB510,24,15 c. Community of interests.

AB510,24,16 d. Cost effectiveness of service delivery.

AB510,24,21 2. A county zoning agency may act under subd. 1. only if the county is not part of a regional planning commission. If a county is not part of a regional planning commission, the zoning agency may contract with any regional planning commission to designate the urbanized areas of the county, based on the factors listed in, and subject to the time limits specified in, subd. 1.

AB510,24,25 3. Following an initial designation of urbanized areas under this paragraph, a county zoning agency, or regional planning commission under subd. 2., shall redesignate urbanized areas of the county every 10 years, based on the factors listed in subd. 1., unless an earlier redesignation is requested under s. 229.863 (4) (n).

AB510,25,2 4. The boundaries of an urbanized area may consist of any combination of the whole of any city, the whole of any village, or the whole or part of any town.

AB510, s. 48 Section 48. 59.69 (5) (c) of the statutes is amended to read:

AB510,25,13 59.69 (5) (c) A county ordinance enacted under this section shall not be effective in any town until it has been approved by the town board. If the town board approves an ordinance enacted by the county board, under this section, a certified copy of the approving resolution attached to one of the copies of such ordinance submitted to the town board shall promptly be filed with the county clerk by the town clerk. The ordinance shall become effective in the town as of the date of the filing, which filing shall be recorded by the county clerk in the clerk's office, reported to the town board and the county board, and printed in the proceedings of the county board. The ordinance shall supersede any prior town ordinance in conflict therewith or which is concerned with zoning, except as provided by s. 60.62 or by s. 229.863 (3) (c).

AB510, s. 49 Section 49. 59.69 (7) of the statutes is amended to read: