SB556: Bill Text

SB556,4,10 5.58 (1u) County board of park commissioners. Except as authorized in s. 5.655, there shall be a separate ballot for members of the board of park commissioners of any county park district. Arrangement of the names on the ballot shall be determined by the county park district clerk in the manner provided under s. 5.60 (1) (b). The ballot shall be entitled "Official Primary Ballot for Member of the Board of Park Commissioners of the County Park District."

SB556, s. 3 Section 3. 5.58 (3) of the statutes is amended to read:

SB556,5,4 5.58 (3) Names on spring ballot. Only 2 candidates for state superintendent, for any judicial office, or for any elected seat on a metropolitan sewerage commission or town sanitary district commission,; in counties having a population of 500,000 or more only 2 candidates for member of the board of supervisors within each district,; in counties having a population of less than 500,000 only 2 candidates for each member of the county board of supervisors from each district or numbered seat or only 4 candidates for each 2 members of the county board of supervisors from each district whenever 2 supervisors are elected to unnumbered seats from the same district,; in 1st class cities only 2 candidates for any at-large seat and only 2 candidates from any election district to be elected to the board of school directors,; in school districts electing school board members to numbered seats, or pursuant to an apportionment plan or district representation plan, only 2 school board candidates for each numbered seat or within each district, ; in a county park district, twice as many candidates as are to be elected members of the board of park commissioners from each apportioned area; and twice as many candidates as are to be elected members of other school boards or other elective officers receiving the highest number of votes at the primary shall be nominees for the office at the spring election. Only their names shall appear on the official spring ballot.

SB556, s. 4 Section 4. 5.60 (6u) of the statutes is created to read:

SB556,5,12 5.60 (6u) Board of park commissioners of county park district. Except as authorized in s. 5.655, a separate ballot shall list the names of all candidates for member of the board of park commissioners of any county park district. Arrangement of the names on the ballot shall be determined by the county park district clerk in the manner provided under sub. (1) (b). The ballot shall be entitled "Official Ballot for Member of the Board of Park Commissioners of the County Park District."

SB556, s. 5 Section 5. 5.68 (2) of the statutes is amended to read:

SB556,5,25 5.68 (2) Except as otherwise expressly provided, all costs for ballots, supplies, notices, and any other materials necessary in preparing or conducting any election shall be paid for by the county or municipality whose clerk or board of election commissioners is responsible for providing them. If a ballot is prepared for a school, technical college, sewerage or, sanitary , or county park district, the district shall pay for the cost of the ballot. If no other level of government is involved in a school, technical college, sewerage or, sanitary , or county park district election, the district shall pay for all costs of the ballots, supplies, notices, and other materials. If ballots, supplies, notices, or other materials are used for elections within more than one unit of local government, the costs shall be proportionately divided between the units of local government involved in the election. In a 1st class city, all costs otherwise attributable to a school district shall be paid by the city.

SB556, s. 6 Section 6. 5.68 (3) of the statutes is amended to read:

SB556,6,9 5.68 (3) If voting machines are used or if an electronic voting system is used in which all candidates and referenda appear on the same ballot, the ballots for all national, state and county offices and for county and state referenda shall be prepared and paid for by the county wherein they are used. If the voting machine or electronic voting system ballot includes a municipal or a school, technical college, sewerage, county park, or sanitary district ballot, the cost of that portion of the ballot shall be reimbursed to the county or paid for by the municipality or district, except as provided in a 1st class city school district under sub. (2).

SB556, s. 7 Section 7. 7.51 (3) (b) of the statutes is amended to read:

SB556,6,16 7.51 (3) (b) For ballots which relate only to municipal or, school district, or county park district offices or referenda, the inspectors, in lieu of par. (a), after counting the ballots shall return them to the proper ballot boxes, lock the boxes, paste paper over the slots, sign their names to the paper, and deliver them and the keys therefor to the municipal or, school district, or county park district clerk. The clerk shall retain the ballots until destruction is authorized under s. 7.23.

SB556, s. 8 Section 8. 7.51 (3) (d) of the statutes is amended to read:

SB556,6,23 7.51 (3) (d) All absentee certificate envelopes which have been opened shall be returned by the inspectors to the municipal clerk in a securely sealed carrier envelope which is clearly marked "used absentee certificate envelopes". The envelopes shall be signed by the chief inspector and 2 other inspectors. Except when the ballots are used in a municipal or, school district, or county park district election only, the municipal clerk shall transmit the used envelopes to the county clerk.

SB556, s. 9 Section 9. 7.51 (4) (b) of the statutes is amended to read:

SB556,7,5 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 county park district clerk for county park district elections. The clerk shall then make the returns public.

SB556, s. 10 Section 10. 7.51 (5) (a) of the statutes, as affected by 2003 Wisconsin Act .... (Assembly Bill 600), is amended to read:

SB556,7,24 7.51 (5) (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 list for delivery to the county clerk, unless the election relates only to municipal or, school district, or county park district offices or referenda. The inspectors shall also similarly seal one inspectors' statement, one tally sheet, and one poll 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 list for delivery to the school district clerk. For county park district elections, the inspectors shall similarly seal one inspectors' statement, one tally sheet, and one poll list for delivery to the county park district clerk. The inspectors shall immediately deliver all ballots, statements, tally sheets, lists, and envelopes to the municipal clerk.

SB556, s. 11 Section 11. 7.51 (5) (b) of the statutes is amended to read:

SB556,8,9 7.51 (5) (b) The municipal clerk shall arrange for delivery of all ballots, statements, tally sheets, lists, and envelopes relating to a school district or county park district election to the school district or county park 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).

SB556, s. 12 Section 12. 7.53 (3m) of the statutes is created to read:

SB556,8,25 7.53 (3m) County park district elections. The county park 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 county park district board of canvassers. The clerk shall appoint a member 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). 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 board of park commissioners. Following each primary election, the board of canvassers shall prepare a statement certifying the names of the persons who have won nomination to the board of park commissioners. Each statement and determination shall be attested by each of the canvassers. The board of canvassers shall file each statement and determination in the county park district office.

SB556, s. 13 Section 13. 8.10 (6) (e) of the statutes is created to read:

SB556,9,3 8.10 (6) (e) For members of the board of park commissioners of a county park district, with the county park district clerk.

SB556, s. 14 Section 14. 8.11 (2f) of the statutes is created to read:

SB556,9,8 8.11 (2f) Board of park commissioners of county park district. A primary shall be held in a county park district whenever there are more than twice the number of candidates to be elected members of the board of park commissioners from any apportioned area.

SB556, s. 15 Section 15. 9.10 (1) (a) of the statutes is amended to read:

SB556,9,15 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 county park 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.

SB556, s. 16 Section 16. 9.10 (1) (b) of the statutes is amended to read:

SB556,9,24 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, county park 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.

SB556, s. 17 Section 17. 9.10 (2) (d) of the statutes is amended to read:

SB556,10,16 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, county park 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, county park 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.

SB556, s. 18 Section 18. 9.10 (3) (a) of the statutes is amended to read:

SB556,10,21 9.10 (3) (a) This subsection applies to the recall of all elective officials other than city, village, town, county park district, and school district officials. City, village, town, county park district, and school district officials are recalled under sub. (4).

SB556, s. 19 Section 19. 9.10 (4) (a) of the statutes is amended to read:

SB556,12,6 9.10 (4) (a) Within 10 days after a petition for the recall of a city, village, town, county park 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 the board of park commissioners of a county park district, the official shall transmit the petition to the governing body or to the school board. Immediately Except with regard to a member of the board of park commissioners of a county park district, 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 the board of park commissioners of a county park district, the county park 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 county park district.

SB556, s. 20 Section 20. 9.10 (4) (d) of the statutes is amended to read:

SB556,12,13 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.

SB556, s. 21 Section 21. 9.10 (7) of the statutes is amended to read:

SB556,12,17 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, county park districts, and school districts.

SB556, s. 22 Section 22. 10.05 of the statutes is amended to read:

SB556,13,6 10.05 Posting of notice. Unless specifically designated elsewhere, this section applies to villages, towns and, school districts, and county park districts. Whenever a notice is required to be published, a village, town or, school district, or county park districts 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 county park districts or whenever the governing body of the village, town or, school district, or county park districts 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.

SB556, s. 23 Section 23. 10.07 (1) of the statutes is amended to read:

SB556,13,15 10.07 (1) Except as provided in sub. (2) in the case of voting machine ballots, whenever any county clerk or, any county park district clerk and one or more municipal or school 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 county park district sharing in its publication.

SB556, s. 24 Section 24. 11.02 (8) of the statutes is created to read:

SB556,13,18 11.02 (8) If the jurisdiction under sub. (3) is a county park district, the appropriate clerk is the county park district clerk.

SB556, s. 25 Section 25. 11.31 (1) (h) (intro.) of the statutes is amended to read:

SB556,13,25 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 the board of park commissioners of a county park district, an amount equal to the greater of the following:

SB556, s. 26 Section 26. 17.01 (11m) of the statutes is created to read:

SB556,14,6 17.01 (11m) By a member of the board of park commissioners of a county park district, to the board of park commissioners. The board of park commissioners 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.

SB556, s. 27 Section 27. 17.13 (intro.) of the statutes is amended to read:

SB556,14,12 17.13 Removal of village, town, town sanitary district, school district, technical college and family care district, and county park district officers. (intro.) Officers of towns, town sanitary districts, villages, school districts, technical college districts and, family care districts, and county park districts may be removed as follows:

SB556, s. 28 Section 28. 17.13 (3) of the statutes is amended to read:

SB556,14,18 17.13 (3) All officers. Any village, town, town sanitary district, school district or, technical college district, or county park 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 county park district is situated, for cause.

SB556, s. 29 Section 29. 17.27 (1f) of the statutes is created to read:

SB556,15,4 17.27 (1f) Board of park commissioners of county park district. Except as provided in s. 9.10, a vacancy in the office of any member of the board of park commissioners of a county park district may be filled for the residue of the unexpired term by temporary appointment of the remaining members of the board of park commissioners. 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 on 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.

SB556, s. 30 Section 30. 20.370 (5) (cr) of the statutes is amended to read:

SB556,15,10 20.370 (5) (cr) Recreation aids — county snowmobile trail and area aids. As a continuing appropriation, the amounts in the schedule from the snowmobile account in the conservation fund to provide state aid to counties and county park districts for snowmobile trails and areas consistent with the requirements of ss. 23.09 (26) and 350.12 (4) (b).

SB556, s. 31 Section 31. 20.370 (5) (ct) of the statutes is amended to read:

SB556,15,15 20.370 (5) (ct) Recreation aids — all-terrain vehicle project aids; gas tax payment. As a continuing appropriation, an amount equal to the estimated all-terrain vehicle gas tax payment to provide aid to towns, villages, cities, counties, county park districts, and federal agencies for nonstate all-terrain vehicle projects.

SB556, s. 32 Section 32. 20.370 (5) (cu) of the statutes is amended to read:

SB556,15,21 20.370 (5) (cu) Recreation aids — all-terrain vehicle project aids. As a continuing appropriation, the amounts in the schedule from moneys received from all-terrain vehicle fees under s. 23.33 (2) (c) to (e) to provide aid to towns, villages, cities, counties, county park districts, and federal agencies for nonstate all-terrain vehicle projects.

SB556, s. 33 Section 33. 20.370 (5) (cv) of the statutes is amended to read:

SB556,16,4 20.370 (5) (cv) Recreation aids — motorcycle recreation aids; trails. The amounts in the schedule to provide aid to towns, villages, cities and, counties and county park districts for the acquisition, development, operation and maintenance of off-the-road Type 1 motorcycle trails and facilities under s. 23.09 (25) (a) and to the department for the development and maintenance of existing off-the-road Type 1 motorcycle trails at the Black River state forest and the Bong State Recreation Area under s. 23.09 (25) (a).

SB556, s. 34 Section 34. 23.09 (19) (a) 2. of the statutes is amended to read:

SB556,16,9 23.09 (19) (a) 2. "Governmental unit" means a city, a village, a town, a county for which a county park district has not been created, a county park district, a lake sanitary district, as defined in s. 30.50 (4q), a public inland lake protection and rehabilitation district, or the Kickapoo reserve management board.

SB556, s. 35 Section 35. 23.09 (20) (ab) 2. of the statutes is amended to read:

SB556,16,12 23.09 (20) (ab) 2. "Municipality" means a city, a village, a town or a county for which a county park district has not been created, or a county park district.

SB556, s. 36 Section 36. 23.09 (20m) (a) 1. of the statutes is amended to read:

SB556,16,16 23.09 (20m) (a) 1. "Governmental unit" means a city, a village, a town, a county for which a park district has not been created, a county park district, or the Kickapoo reserve management board.

SB556, s. 37 Section 37. 23.09 (26) (ag) of the statutes is created to read:

SB556,16,20 23.09 (26) (ag) If a county creates a county park district under s. 27.161, only the county park district may receive aid and exercise the duties and powers granted to counties under this subsection.

SB556, s. 38 Section 38. 23.09 (26) (am) (intro.) of the statutes is amended to read:

SB556,16,24 23.09 (26) (am) (intro.) Counties Subject to par. (ag), counties and county park districts may receive aids under this subsection distributed in accordance with s. 350.12 (4) to:

SB556, s. 39 Section 39. 23.09 (26) (am) 1. of the statutes is amended to read:

SB556,17,13 23.09 (26) (am) 1. Purchase lands or secure easements, leases, permits or other appropriate agreements, written or oral, permitting use of private property for snowmobile trails, facilities and areas, if such easements, leases, permits or other agreements provide public access to the trail, facility or area. No lands purchased or leases, easements, permits or agreements secured under authority of this section may be acquired by the county or a county park district through condemnation. Counties A county or a county park district shall certify to the department that such lands, easements, leases, permits or other appropriate agreements have been secured. However, when bridges, culverts, toilet facilities, parking lots or shelters are to be constructed under this section and the improvements are estimated to cost in excess of $3,000, the land underlying such improvements must be purchased by the county or county park district or secured by the county or county park district by written easements or leases having a term of not less than 3 years.

SB556, s. 40 Section 40. 23.09 (26) (am) 3. of the statutes is amended to read:

SB556,17,18 23.09 (26) (am) 3. Develop and maintain snowmobile trails, facilities and areas on public lands designated by the county board or by or by the county park district or and develop and maintain snowmobile trails, facilities or areas under subd. 1. or 2.

SB556, s. 41 Section 41. 23.09 (26) (b) of the statutes is amended to read:

SB556,17,25 23.09 (26) (b) The county board of any county, which, by resolution, indicates its desire Any county or any county park district that wishes to receive aids under this subsection shall apply to the department on forms prescribed by the department and shall submit required documentation as set forth by rule on or before April 15, beginning in 1978. A decision on an aid application shall be made by the department on or before July 1, beginning in 1978.

SB556, s. 42 Section 42. 23.09 (26) (d) of the statutes is amended to read:

SB556,18,7 23.09 (26) (d) Distribution of snowmobile trail development funds shall be limited to trails which provide a primary access route through one county and connect with another county's trails, provide access from population centers to main access trails or support a high volume of use. Counties A county or a county park district applying for aid for snowmobile trail development shall identify the type of trail for which aid is being sought on the forms under par. (b).

SB556, s. 43 Section 43. 23.175 (1) (a) of the statutes is amended to read:

SB556,18,10 23.175 (1) (a) "Political subdivision" means a city, a village, a town or, county for which a county park district has not been created, or a county park district.

SB556, s. 44 Section 44. 23.305 (2) of the statutes is amended to read:

SB556,18,15 23.305 (2) Notwithstanding ss. 23.30 and 28.04, the department may lease state park land or state forest land to towns, villages or counties to a town, a village, a county for which no county park district has been created, or a county park district for outdoor recreational purposes associated with spectator sports.

SB556, s. 45 Section 45. 23.33 (8) (c) of the statutes is amended to read:

SB556,18,20 23.33 (8) (c) Trails. A town, a village, a city, a county for which no county park district has been created, or county park district or the department may designate corridors through land which it owns or controls, or for which it obtains leases, easements or permission, for use as all-terrain vehicle trails.

SB556, s. 46 Section 46. 23.33 (9) (bn) of the statutes is created to read:

SB556,18,24 23.33 (9) (bn) Counties with park districts. If a county creates a county park district under s. 27.161, only the county park district may receive aid for a nonstate all-terrain vehicle project as provided in pars. (b) and (c).