LRB-0216/3
MS/JTK/JK/RC/AG/rt/ml/:cs:jf
2003 - 2004 LEGISLATURE
September 11, 2003 - Introduced by Representatives Huber, M. Lehman, Plouff,
Gunderson, Ziegelbauer, Ladwig, Schooff, Musser, Sinicki, Olsen, Zepnick,
Nass, Berceau, Ott, Miller, Grothman, J. Lehman, Kestell, Molepske,
Albers, Pocan, Seratti, Balow, Jeskewitz, Travis and Hahn, cosponsored by
Senators Roessler, Decker, Brown, Lassa, Erpenbach and Risser. Referred
to Committee on Urban and Local Affairs.
AB510,2,17
1An Act to renumber 66.0617 (2) (am);
to renumber and amend 83.001;
to
2amend 5.02 (21), 5.58 (3), 5.68 (2), 5.68 (3), 7.51 (3) (b), 7.51 (3) (d), 7.51 (4) (b),
37.51 (5), 9.10 (1) (a), 9.10 (1) (b), 9.10 (2) (d), 9.10 (3) (a), 9.10 (4) (a), 9.10 (4) (d),
49.10 (7), 10.05, 10.07 (1), 11.31 (1) (h) (intro.), 17.13 (intro.), 17.13 (3), 23.09 (19)
5(a) 2., 23.09 (20) (ab) 1., 23.09 (20m) (a) 1., 23.0917 (4m) (a) 3., 23.094 (1), 25.50
6(1) (d), 27.01 (3), 27.075 (1), 27.075 (2), 27.075 (3), 27.075 (4), 27.08 (1), 27.08
7(3), 30.277 (1b) (a), 43.18 (1) (ag), 59.69 (5) (c), 59.69 (7), 60.62 (1), 61.65 (1) (a)
82., 61.65 (2) (a) 2., 62.13 (1), 62.13 (8), 66.0217 (2), 66.0217 (3) (a) (intro.),
966.0217 (3) (b) (intro.), 66.0219 (intro.), 66.0221 (1), 66.0223, 66.0301 (1) (a),
1066.0615 (1m) (a), 66.0615 (2) (intro.), 66.0615 (2) (a), 66.0615 (2) (d), 66.0615 (3),
1166.0617 (1) (a), 66.0617 (1) (c), 66.0617 (1) (d), 66.0617 (1) (g), 66.0617 (1) (h),
1266.0617 (2) (a), 66.0617 (3), 66.0617 (4) (a) (intro.), 66.0617 (4) (b), 66.0617 (5),
1366.0617 (6) (intro.), 66.0617 (6) (b), 66.0617 (7), 66.0617 (8), 66.0617 (9), 66.0617
14(10), 66.1021 (11) (a), 66.1341, 67.01 (5), 71.26 (1) (bm), 83.018, 84.07 (1), 84.07
1(2), 84.07 (4), 85.20 (1) (d), 85.22 (2) (c), 85.243 (1) (b), 85.52 (1) (ag), 86.105,
2287.09 (1) (a), 287.09 (1) (e), 341.26 (2m) (a), 343.38 (1) (c) 2. b., 344.14 (2) (j),
3344.25 (1), 345.05 (2), (4) and (5) and 348.18;
to create 5.58 (1u), 5.60 (6u), 7.53
4(3m), 8.10 (6) (e), 8.11 (2f), 11.02 (8), 17.01 (11m), 17.27 (1f), 43.01 (1m), 43.52
5(1r), 43.53 (4), 59.69 (2) (g), 60.61 (3) (d), 60.62 (3m), 61.65 (1) (a) 4., 61.65 (2)
6(a) 5., 62.13 (2s), 66.0309 (8) (c), 66.0615 (1) (bs), 66.0615 (1m) (em), 66.0617 (1)
7(dg), 66.0617 (2) (am) 2., 66.0617 (6) (h), 66.0617 (11), 70.11 (37m), 77.25 (18m),
877.54 (9a) (i), 79.05 (1) (bm), 81.001, 81.19, 83.001 (2), 84.001 (1s), 84.001 (1t),
985.01 (2g), 86.001 (2g), subchapter VI of chapter 229 [precedes 229.86], 287.09
10(1) (dm) and 340.01 (28t) of the statutes; and
to affect Laws of 1975, chapter
11105, section 1 (1) and (2);
relating to: authorizing the creation of a
12metropolitan service district, authorizing a metropolitan service district to levy
13a property tax, authorizing a metropolitan service district to apply for funding
14from certain programs that receive funding from the Warren Knowles-Gaylord
15Nelson Stewardship 2000 Program, authorizing certain towns to use tax
16incremental financing, and authorizing a metropolitan service district to
17impose impact fees and issue debt.
Analysis by the Legislative Reference Bureau
This bill authorizes certain municipalities (any city, village, or town or portion
of a town, that is located in an urbanized area, as designated by a regional planning
commission or county zoning agency) to jointly create a metropolitan service district
(district). A district is a local unit of government that is a body corporate and politic
and that is separate and distinct from, and independent of, the state and the
municipalities within its jurisdiction. Subject to a number of conditions, a district's
jurisdiction consists of two or more municipalities, that are located within a single
urbanized area, if the municipalities adopt similar enabling resolutions within a
30-day period. The resolution declares a municipality's intent to create a district and
declares which two or more governmental services the district will provide.
Upon the adoption of such resolutions by at least two municipalities, every
municipality within the urbanized area becomes a part of the district unless a
municipality's governing body opts out of the district within 60 days after the
adoption of the second enabling resolution.
A municipality that opts out of a district may later join if its request to join is
approved by the commission, which is the district's governing body, and by all of the
municipalities that are part of the district. A city or village that is not in the district's
urbanized area may also join with approval from at least 50% of the municipalities
that are part of the district. The territory of a municipality may be in only one
district. A district may be in more than one county, although a county may not be
a part of a district.
Before a district may be created, the governing bodies of each of the
municipalities that have not opted out of the district must reach an agreement that
addresses a number of issues, including the number of members of the commission,
which may not be greater than nine; a method of appointing temporary members of
the commission to serve until the initial election and qualification of members; an
apportionment plan for the election of commissioners, or an agreement to not have
an apportionment plan; and a list of issues and actions of the commission that are
subject to review by a veto panel (see below). The agreement may also address any
other issue. Before such an agreement may be entered into, the participating
municipalities must select an arbitrator who will decide by November 1 any of the
issues that are not resolved by the municipalities by September 1, except the issue
of whether to elect members of the commission pursuant to an apportionment plan
(see below).
A district is governed by its commission. The members of the commission must
choose from among themselves a chairperson, vice chairperson, secretary, and
treasurer. A district may take action based on the affirmative vote of at least a
majority of the members of the commission. The members of the commission are
elected for three-year terms, except that the terms of the nearest whole number to
one-third of the initial commissioners shall be one year and the terms of the nearest
whole number to one-third of the initial commissioners shall be two years.
The first election of members of the commission occurs in the April following
creation of the district. Unless unanimously agreed to by the governing bodies of all
municipalities that lie within the district, the commissioners are elected at large
pursuant to a plan of apportionment under which each commissioner resides in a
separate geographic area. If unanimously agreed to by the respective governing
bodies, the commissioners may be elected at large without a plan of apportionment.
Upon its creation, a commission and each municipality that is part of the
district must determine which property, facilities, and other assets of the
municipality shall be transferred from the municipality to the district. Real property
and attachments that relate to a service provided by the district, and associated
debts of such property and attachments, must be transferred to a district, as well as
vehicles and specialized equipment with a value of at least $50,000. Unused
property, equipment, or other assets must be returned by the district from the
municipality from which it came. If the commission and a municipality are unable
to reach an agreement on the transfer of property, equipment, and other assets
within 90 days after the municipality becomes a part of a district, the parties must
agree on the selection of an arbitrator who shall decide on the terms of settlement.
A district must provide at least two governmental services, which shall include
at least one of the following: economic development; land use planning; fire and
emergency medical; parks and recreation; zoning; mass transit; highway
maintenance; police; recycling; yard waste and garbage collection; and municipal or
joint libraries. If a district provides a service to only some of the municipalities in
the district, only the municipalities that receive the service may be charged a fee for
that service.
If a municipality becomes a part of a district, the district must employ all
municipal employees who provided the service to be provided by the district, and pay
them wages and benefits at least comparable to their former wages and benefits,
until the expiration of the of the applicable collective bargaining agreements. Upon
the expiration of the agreements, the district may offer continued employment to
those employees, who shall retain as district employees the seniority they
accumulated with their municipal employers. If, in any collective bargaining unit
that is initially created at a district, a majority of the former municipal employees
were represented by the same representative when they were employed by a
municipality, that representative becomes the initial representative of the
employees in the collective bargaining unit without the necessity of filing a petition
or conducting an election that otherwise applies under current law. If a municipality
becomes a part of a district, it must accept all of the services then provided by the
district, and must discontinue its collection of a room tax, if any, if the district collects
a room tax.
In connection with property or facilities used or needed by a district to perform
the services it provides, the powers of a district include: the authority to acquire,
develop, maintain, improve, operate, and manage the property or facilities; the
authority to operate recreational facilities or programs; the authority to enter into
contracts; the authority to employ personnel; the authority to impose an impact fee
on developers; the authority to impose a room tax; the authority to issue debt for
capital improvements to property or facilities; and the authority to levy a property
tax to carry out the district's functions.
Under the bill, a district is considered to be a municipality for purposes of
determining eligibility for and receiving a payment under the expenditure restraint
program. Under current law, generally, a municipality that imposes a property tax
levy rate of more than five mills receives an expenditure restraint program payment,
if any increase in the municipality's budget for the year is no more than the allowable
increase under the program. The allowable increase is based, generally, on the
property value in the municipality and the inflation rate.
No municipality that is part of the jurisdiction of a district may expend any
funds to support property or facilities that are owned by the district, or impose an
impact fee for property or facilities that are related to providing a service that the
district provides to that municipality. No city or village may annex town territory
of a town that is part of the same district to which the annexing city or village belongs,
other than under a boundary agreement or at the request of the property owner and
with the consent of the town board. In addition, a town that is located in whole or
part within a district that provides the town with planning and zoning services may
exercise tax incremental financing powers if the town enters into a revenue sharing
agreement with every other municipality in the district.
Upon the creation of a district, there is also created a veto panel, consisting of
the chief executive officer of each municipality that is part of the district. The veto
panel exists, generally, for ten years after its creation. The commission must notify
the veto panel, and each municipality's clerk, whenever it takes action on an item
that is subject to veto panel review. Each member of the panel may notify the
commission's clerk within ten business days of being notified of such commission
action that the member objects to the commission's action. If at least 50% of the
members of the panel object to the commission's action, the action of the commission
is vetoed and may not take effect. The commission may override a veto, however, by
a two-thirds vote of all of the members of the commission.
A municipality may withdraw from a district if it adopts a resolution stating its
intention to withdraw and if all of the other municipalities that are a part of the
district adopt resolutions of approval.
Disputes between municipalities and the commission involving the creation,
governance, functions, or services provided by a district, or the transfer of property
and facilities from a district to a municipality upon a district's dissolution, must be
submitted to arbitration.
Subject to providing for the payment of its debts, and the performance of other
contractual obligations, a district may be dissolved by its commission. Upon
dissolution, the property of the district shall be transferred to the municipalities that
are a part of the district, based on a number of factors, such as the current value of
the property and facilities transferred by the municipality to the district and the
amount of money or other contributions made to the district by the municipality
during the district's existence.
A district may operate (as well as improve and promote) an existing mass
transit system. A mass transit system means public transportation on a regular and
continuing basis by bus, shared-ride taxicab, rail, or other conveyance, whether
publicly or privately owned.
A district may contract with a municipality for the district to perform all or
certain parts of highway maintenance services on highways under the municipality's
jurisdiction. These services may include but are not limited to snow removal,
highway lighting, and highway surface cleaning. (Current law allows a municipality
to contract with the Department of Transportation (DOT) to perform highway
maintenance services on highways under DOT's jurisdiction, and the bill also allows
a district to contract with DOT to perform such services.) If a municipality and
district enter into a highway maintenance contract, the municipality must transfer
to the district, within 30 days of receipt, all state transportation aids received by the
municipality allocable to the cost of providing those highway maintenance services
that are the subject of the contract. The municipality must further provide
information to DOT regarding the services that are subject to the highway
maintenance contract and the amount of state transportation aids transferred to the
district because of the contract. A district providing highway maintenance services
may register vehicles with DOT in the same manner as a municipality and is
governed by the same civil liability limitations that apply to municipalities with
respect to operation of motor vehicles. While the bill does not relieve a municipality
from its legal responsibility for highways under its jurisdiction, including limited
civil liability for highway defects, the bill allows a municipality to recover from a
district for any legal liability imposed upon the municipality based upon a highway
defect resulting from a district's highway maintenance work.
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:
AB510, s. 1
1Section
1. 5.02 (21) of the statutes is amended to read:
AB510,6,52
5.02
(21) "Spring election" means the election held on the first Tuesday in April
3to elect judicial, educational
, and municipal officers, nonpartisan county officers,
4sewerage commissioners
, and commissioners of metropolitan service districts and to
5express preferences for the person to be the presidential candidate for each party.
AB510, s. 2
6Section
2. 5.58 (1u) of the statutes is created to read:
AB510,6,127
5.58
(1u) Metropolitan service district commission. Except as authorized in
8s. 5.655, there shall be a separate ballot for members of the metropolitan service
9district commission. Arrangement of the names on the ballot shall be determined by
10the metropolitan service district clerk in the manner provided under s. 5.60 (1) (b).
11The ballot shall be entitled "Official Primary Ballot for Member of the Metropolitan
12Service District Commission."
AB510, s. 3
13Section
3. 5.58 (3) of the statutes is amended to read:
AB510,7,1714
5.58
(3) Names on spring ballot. Only 2 candidates for state superintendent,
15for any judicial office,
or for any elected seat on a metropolitan sewerage commission
16or town sanitary district commission
,; in counties having a population of 500,000 or
1more only 2 candidates for member of the board of supervisors within each district
,; 2in counties having a population of less than 500,000 only 2 candidates for each
3member of the county board of supervisors from each district or numbered seat or
4only 4 candidates for each 2 members of the county board of supervisors from each
5district whenever 2 supervisors are elected to unnumbered seats from the same
6district
,; in 1st class cities only 2 candidates for any at-large seat and only 2
7candidates from any election district to be elected to the board of school directors
,; 8in school districts electing school board members to numbered seats, or pursuant to
9an apportionment plan or district representation plan, only 2 school board
10candidates for each numbered seat or within each district
,
; in a metropolitan service
11district, twice as many candidates as are to be elected members of the metropolitan
12service district commission, or, if the district elects commissioners from apportioned
13areas, twice as many candidates as are to be elected members of the commission from
14each apportioned area; and twice as many candidates as are to be elected members
15of other school boards or other elective officers receiving the highest number of votes
16at the primary shall be nominees for the office at the spring election. Only their
17names shall appear on the official spring ballot.
AB510, s. 4
18Section
4. 5.60 (6u) of the statutes is created to read:
AB510,7,2419
5.60
(6u) Metropolitan service district commission. Except as authorized in
20s. 5.655, a separate ballot shall list the names of all candidates for member of the
21metropolitan service district commission. Arrangement of the names on the ballot
22shall be determined by the metropolitan service district clerk in the manner provided
23under sub. (1) (b). The ballot shall be entitled "Official Ballot for Member of the
24Metropolitan Service District Commission."
AB510, s. 5
25Section
5. 5.68 (2) of the statutes is amended to read:
AB510,8,12
15.68
(2) Except as otherwise expressly provided, all costs for ballots, supplies,
2notices
, and any other materials necessary in preparing or conducting any election
3shall be paid for by the county or municipality whose clerk or board of election
4commissioners is responsible for providing them. If a ballot is prepared for a school,
5technical college, sewerage
or, sanitary
, or metropolitan service district, the district
6shall pay for the cost of the ballot. If no other level of government is involved in a
7school, technical college, sewerage
or, sanitary
, or metropolitan service district
8election, the district shall pay for all costs of the ballots, supplies, notices
, and other
9materials. If ballots, supplies, notices
, or other materials are used for elections
10within more than one unit of local government, the costs shall be proportionately
11divided between the units of local government involved in the election. In a 1st class
12city, all costs otherwise attributable to a school district shall be paid by the city.
AB510, s. 6
13Section
6. 5.68 (3) of the statutes is amended to read:
AB510,8,2114
5.68
(3) If voting machines are used or if an electronic voting system is used
15in which all candidates and referenda appear on the same ballot, the ballots for all
16national, state
, and county offices and for county and state referenda shall be
17prepared and paid for by the county wherein they are used. If the voting machine
18or electronic voting system ballot includes a municipal or school, technical college,
19sewerage
or, sanitary
, or metropolitan service district ballot, the cost of that portion
20of the ballot shall be reimbursed to the county or paid for by the municipality or
21district, except as provided in a 1st class city school district under sub. (2).
AB510, s. 7
22Section
7. 7.51 (3) (b) of the statutes is amended to read:
AB510,9,323
7.51
(3) (b) For ballots which relate only to municipal
or, school district
, or
24metropolitan service district offices or referenda, the inspectors, in lieu of par. (a),
25after counting the ballots shall return them to the proper ballot boxes, lock the boxes,
1paste paper over the slots, sign their names to the paper
, and deliver them and the
2keys therefor to the municipal
or, school district
, or metropolitan service district 3clerk. The clerk shall retain the ballots until destruction is authorized under s. 7.23.
AB510, s. 8
4Section
8. 7.51 (3) (d) of the statutes is amended to read:
AB510,9,115
7.51
(3) (d) All absentee certificate envelopes which have been opened shall be
6returned by the inspectors to the municipal clerk in a securely sealed carrier
7envelope which is clearly marked "used absentee certificate envelopes". The
8envelopes shall be signed by the chief inspector and 2 other inspectors. Except when
9the ballots are used in a municipal
or, school district
, or metropolitan service district 10election only, the municipal clerk shall transmit the used envelopes to the county
11clerk.
AB510, s. 9
12Section
9. 7.51 (4) (b) of the statutes is amended to read:
AB510,9,1813
7.51
(4) (b) The chief inspector, or one of the inspectors appointed by him or her,
14immediately after the votes are tabulated or counted at each election, shall report
15the returns of the election to the municipal clerk
or
, to the school district clerk for
16school district elections, except in 1st class cities
, or to the metropolitan service
17district clerk for metropolitan service district elections. The clerk shall then make
18the returns public.
AB510, s. 10
19Section
10. 7.51 (5) of the statutes is amended to read:
AB510,9,2520
7.51
(5) Returns. (a) The inspectors shall make full and accurate return of the
21votes cast for each candidate and proposition on tally sheet forms provided by the
22municipal clerk for that purpose. Each tally sheet shall record the returns for each
23office or referendum by ward, unless combined returns are authorized in accordance
24with s. 5.15 (6) (b) in which case the tally sheet shall record the returns for each group
25of combined wards. After recording the votes, the inspectors shall seal in a carrier
1envelope outside the ballot bag or container one inspectors' statement under sub. (4)
2(a), one tally sheet, and one poll or registration list for delivery to the county clerk,
3unless the election relates only to municipal or school district offices or referenda
or
4metropolitan service district offices. The inspectors shall also similarly seal one
5inspectors' statement, one tally sheet, and one poll or registration list for delivery to
6the municipal clerk. For school district elections, except in 1st class cities, the
7inspectors shall similarly seal one inspectors' statement, one tally sheet, and one poll
8or registration list for delivery to the school district clerk.
For metropolitan service
9district elections, the inspectors shall similarly seal one inspectors' statement, one
10tally sheet, and one poll or registration list for delivery to the metropolitan service
11district clerk. The inspectors shall immediately deliver all ballots, statements, tally
12sheets, lists, and envelopes to the municipal clerk.
AB510,10,2113
(b) The municipal clerk shall arrange for delivery of all ballots, statements,
14tally sheets, lists, and envelopes relating to a school district
or metropolitan service
15district election to the school district
or metropolitan service district clerk
,
16respectively. The municipal clerk shall deliver the ballots, statements, tally sheets,
17lists, and envelopes for his or her municipality relating to any county, technical
18college district, state, or national election to the county clerk by 2 p.m. on the day
19following each such election. The person delivering the returns shall be paid out of
20the municipal treasury. Each clerk shall retain ballots, statements, tally sheets, or
21envelopes received by the clerk until destruction is authorized under s. 7.23 (1).
AB510, s. 11
22Section
11. 7.53 (3m) of the statutes is created to read:
AB510,11,1523
7.53
(3m) Metropolitan service district elections. The metropolitan service
24district clerk shall appoint 2 qualified electors of the district prior to the date of the
25election being canvassed, who shall, with the clerk, constitute the metropolitan
1service district board of canvassers. The clerk shall appoint an individual to fill any
2temporary vacancy on the board of canvassers. The canvass shall begin as soon as
3possible after receipt of the returns and shall continue, without adjournment, until
4completed. The board of canvassers may return defective returns to the municipal
5board of canvassers in the manner provided in s. 7.60 (3). Following the spring
6election, the board of canvassers shall publicly declare the results on or before the
72nd Tuesday of April. The board of canvassers shall prepare a written statement
8showing the numbers of votes cast for each person for each office and shall prepare
9a determination showing the names of the persons who are elected to the
10metropolitan service district commission. Following each primary election, the
11board of canvassers shall prepare a statement certifying the names of the persons
12who have won nomination to the metropolitan service district commission. Each
13statement and determination shall be attested by each of the canvassers. The board
14of canvassers shall file each statement and determination in the metropolitan
15service district office.
AB510, s. 12
16Section
12. 8.10 (6) (e) of the statutes is created to read:
AB510,11,1817
8.10
(6) (e) For members of a metropolitan service district commission, with the
18metropolitan service district clerk.
AB510, s. 13
19Section
13. 8.11 (2f) of the statutes is created to read:
AB510,11,2520
8.11
(2f) Metropolitan service district commissions. A primary shall be held
21in a metropolitan service district whenever there are more than twice the number
22of candidates as are to be elected members of the metropolitan service district
23commission, or, if the district elects commissioners from apportioned areas, more
24than twice as many candidates as are to be elected members of the commission from
25any apportioned area.
AB510, s. 14
1Section
14. 9.10 (1) (a) of the statutes is amended to read:
AB510,12,72
9.10
(1) (a) The qualified electors of the state
,; of any county, city, village,
or 3town
,; of any congressional, legislative, judicial
, or school district
,; of any
4metropolitan service district; or of any prosecutorial unit may petition for the recall
5of any incumbent elective official by filing a petition with the same official or agency
6with whom nomination papers or declarations of candidacy for the office are filed
7demanding the recall of the officeholder.
AB510, s. 15
8Section
15. 9.10 (1) (b) of the statutes is amended to read:
AB510,12,169
9.10
(1) (b) Except as provided in par. (c), a petition for recall of a state,
10congressional, legislative, judicial
, or county officer shall be signed by electors equal
11to at least 25% of the vote cast for the office of governor at the last election within the
12same district or territory as that of the officeholder being recalled. Except as
13provided in par. (c), a petition for the recall of a city, village, town
, metropolitan
14service district, or school district officer shall be signed by electors equal to at least
1525% of the vote cast for the office of president at the last election within the same
16district or territory as that of the officeholder being recalled.
AB510, s. 16
17Section
16. 9.10 (2) (d) of the statutes is amended to read:
AB510,13,818
9.10
(2) (d) No petition may be offered for filing for the recall of an officer unless
19the petitioner first files a registration statement under s. 11.05 (1) or (2) with the
20filing officer with whom the petition is filed. The petitioner shall append to the
21registration a statement indicating his or her intent to circulate a recall petition, the
22name of the officer for whom recall is sought and, in the case of a petition for the recall
23of a city, village, town
, metropolitan service district, or school district officer, a
24statement of a reason for the recall which is related to the official responsibilities of
25the official for whom removal is sought. No petitioner may circulate a petition for
1the recall of an officer prior to completing registration. The last date
that on which 2a petition for the recall of a state, congressional, legislative, judicial
, or county officer
3may be offered for filing is 5 p.m. on the 60th day commencing after registration. The
4last date
that on which a petition for the recall of a city, village, town
, metropolitan
5service district, or school district officer may be offered for filing is 5 p.m. on the 30th
6day commencing after registration. After the recall petition has been offered for
7filing, no name may be added or removed. No signature may be counted unless the
8date of the signature is within the period provided in this paragraph.
AB510, s. 17
9Section
17. 9.10 (3) (a) of the statutes is amended to read:
AB510,13,1310
9.10
(3) (a) This subsection applies to the recall of all elective officials other
11than city, village, town
, metropolitan service district, and school district officials.
12City, village, town
, metropolitan service district, and school district officials are
13recalled under sub. (4).
AB510, s. 18
14Section
18. 9.10 (4) (a) of the statutes is amended to read:
AB510,14,2215
9.10
(4) (a) Within 10 days after a petition for the recall of a city, village, town
,
16metropolitan service district, or school district official
, is offered for filing, the officer
17against whom the petition is filed may file a written challenge with the
municipal
18clerk or board of election commissioners or school district clerk
official or agency with
19whom
it the petition is filed, specifying any alleged insufficiency. If a challenge is
20filed, the petitioner may file a written rebuttal to the challenge with the
clerk or
21board of election commissioners official or agency within 5 days after the challenge
22is filed. If a rebuttal is filed, the officer against whom the petition is filed may file
23a reply to any new matter raised in the rebuttal within 2 days after the rebuttal is
24filed. Within 14 days after the expiration of the time allowed for filing a reply to a
25rebuttal, the
clerk or board of election commissioners
official or agency shall file the
1certificate or an amended certificate. Within 31 days after the petition is offered for
2filing, the
clerk or board of election commissioners
official or agency shall determine
3by careful examination of the face of the petition whether the petition is sufficient
4and shall so state in a certificate
issued by the official or agency and attached to the
5petition. If the petition is found to be insufficient, the certificate shall state the
6particulars creating the insufficiency. The petition may be amended to correct any
7insufficiency within 5 days following the affixing of the original certificate. Within
82 days after the offering of the amended petition for filing, the
clerk or board of
9election commissioners official or agency shall again carefully examine the face of the
10petition to determine sufficiency and shall attach to the petition a certificate stating
11the findings. Immediately upon finding an original or amended petition sufficient,
12except in cities over 500,000 population
, the municipal clerk or school district clerk 13and except with regard to a member of a metropolitan service district commission,
14the official shall transmit the petition to the governing body or to the school board.
15Immediately Except with regard to a member of a metropolitan service district
16commission, immediately upon finding an original or amended petition sufficient, in
17cities over 500,000 population, the board of election commissioners shall file the
18petition in its office.
Immediately upon finding an original or amended petition
19sufficient, with regard to a member of a metropolitan service district commission, the
20metropolitan service district clerk shall file the petition in his or her office and shall
21transmit a copy of the petition to the governing body of each city, village, and town
22that has territory within the jurisdiction of the metropolitan service district.