LRB-2353/3
JTK:jld&kjf:jf
2005 - 2006 LEGISLATURE
December 12, 2005 - Introduced by Senators Brown and
Olsen, cosponsored by
Representatives Gronemus, Musser and Albers. Referred to Committee on
Veterans, Homeland Security, Military Affairs, Small Business and
Government Reform.
SB473,1,2
1An Act to amend 17.22 (1), 17.22 (2) (b) and 83.01 (2) of the statutes;
relating
2to: terms of office of and vacancies in the office of county highway commissioner.
Analysis by the Legislative Reference Bureau
Currently, if a county has a county executive or administrator, the executive or
administrator appoints the county highway commissioner (commissioner), subject
to certain qualifications. Otherwise, the commissioner is elected by the county board
of supervisors (county board). Unless otherwise provided by county ordinance, the
commissioner serves until the second year following his or her election and if
reelected serves for a two-year term. A vacancy in the office of commissioner is filled
by temporary appointment of the county highway committee. The temporary
appointee serves until the first Monday in January following his or her appointment.
The county board then must appoint a regular successor at its first regular meeting
after the vacancy occurs. The regular successor's term begins one day after the term
of the temporary appointee expires.
This bill provides that the county board must elect a regular successor to a
temporary appointee serving as commissioner at a meeting of the county board held
no later than 120 days after the date on which the vacancy occurs. Under the bill,
the regular successor takes office upon his or her election or appointment and
qualification and the temporary appointee serves until his or her successor is elected
or appointed and qualified. The bill also provides that the procedure for filling of
vacancies in the office of commissioner by the county board applies only if the county
board regularly elects the commissioner. In addition, the bill provides that, if a
county establishes a different term for the office of county highway commissioner, it
shall be for a specified number of years.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB473, s. 1
1Section
1. 17.22 (1) of the statutes is amended to read:
SB473,2,102
17.22
(1) Vacancies in any appointive county office shall be filled by
3appointment for the residue of the unexpired term by the appointing power and in
4the manner prescribed by law for making regular full term appointments thereto;
5but
the term of any person
elected or appointed
by the county board to fill a
6permanent vacancy in the office of county highway commissioner shall
terminate the
7first Monday of January of the second year next succeeding the appointment serve
8for the term prescribed under s. 83.01 (2). All appointments, subject to confirmation
9by the county board, made while the board is not in session, shall be acted upon by
10said board at its meeting next following such appointment.
SB473, s. 2
11Section
2. 17.22 (2) (b) of the statutes is amended to read:
SB473,3,212
17.22
(2) (b) In the office of the county highway commissioner, by appointment
13by the county highway committee. A person so appointed shall hold office until
the
14first Monday of January next succeeding the person's appointment and the his or her
15successor is elected or appointed and qualified. The person's successor
, if the office
16is regularly filled by election, shall be
appointed elected by the county board at
its
17first regular a meeting
next succeeding such appointment and held no later than 120
18days after the date on which the vacancy occurs. The person's successor, if the office
19is regularly filled by appointment, shall be appointed as provided in s. 83.01 (1). The
20person's successor shall take office
on the Tuesday following the first Monday of
1January next succeeding upon his or her election or appointment and qualification 2and shall hold office for
a full term as prescribed in sub. (1).
SB473, s. 3
3Section
3. 83.01 (2) of the statutes is amended to read:
SB473,3,94
83.01
(2) Term. Unless the county board establishes
a different term of service
5by ordinance
, a term of a different number of years, the county highway
6commissioner shall serve for a term of 2 years, except that upon his or her first
7election
or appointment the county highway commissioner shall serve until the first
8Monday in January of the 2nd year succeeding the year of the election
, and if
9reelected it shall be for a 2-year term or appointment.
SB473,3,1211
(1) This act first applies to with respect to vacancies occurring in the office of
12county highway commissioner on the effective date of this subsection.