MS/JK/JTK/MG/CH/RC:lk:rs
2007 - 2008 LEGISLATURE
February 8, 2008 - Introduced by Representatives Townsend, J. Ott, Sinicki,
Jeskewitz and A. Ott, cosponsored by Senators Darling, Wirch and
Erpenbach. Referred to Committee on Tourism, Recreation and State
Properties.
AB784,2,14
1An Act to repeal 23.09 (26) (am) 4.;
to renumber 23.305 (1) (a) to (i);
to
2renumber and amend 23.09 (26) (a);
to amend 5.02 (5), 5.02 (21), 5.15 (1) (c),
35.58 (3), 5.68 (2), 5.68 (3), 7.10 (1) (a), 7.51 (3) (b), 7.51 (3) (d), 7.51 (4) (b), 7.51
4(5) (a) 2., 3. and 5. and (b), 9.10 (1) (a), 9.10 (2) (d), 9.10 (3) (a), 9.10 (4) (a), 9.10
5(4) (d), 9.10 (7), 10.05, 10.07 (1), 11.26 (1) (d) 2., 11.26 (2) (e) 2., 11.31 (1) (h)
6(intro.), 17.13 (intro.), 17.13 (3), 20.370 (5) (cr), 20.370 (5) (ct), 20.370 (5) (cu),
723.09 (19) (a) 2., 23.09 (20) (ab) 2., 23.09 (20m) (a) 1., 23.09 (26) (title), 23.09 (26)
8(am) (intro.), 23.09 (26) (am) 1., 23.09 (26) (am) 3., 23.09 (26) (b), 23.09 (26) (d),
923.175 (1) (a), 23.305 (1) (intro.), 23.305 (2), 23.33 (8) (c), 23.33 (9) (c), 23.33 (11)
10(a), 25.50 (1) (d), 27.01 (3), 27.02 (1), 27.03 (2), 27.05 (intro.), 27.06, 27.075 (1),
1127.075 (2), 27.075 (3), 27.075 (4), 27.08 (1), 27.08 (3), 30.277 (1b) (a), 40.02 (28),
1266.0301 (1) (a), 66.0617 (1) (a), 66.0617 (1) (c), 66.0617 (1) (d), 66.0617 (1) (g),
1366.0617 (1) (h), 66.0617 (2) (a), 66.0617 (3), 66.0617 (4) (a) (intro.), 66.0617 (4)
14(b), 66.0617 (5), 66.0617 (6) (intro.), 66.0617 (6) (b), 66.0617 (7), 66.0617 (8),
166.0617 (9) (a) and (b), 66.0617 (10), 67.01 (5), 71.26 (1) (bm), 350.01 (11m),
2350.04 (3) (a), 350.04 (3) (b), 350.12 (4) (b) 1., 350.12 (4) (b) 3., 350.12 (4) (bg) 1.,
3350.12 (4) (bg) 2., 350.12 (4) (bm) (intro.), 350.12 (4) (bm) 1., 350.12 (4) (bm) 2.,
4350.12 (4) (br), 350.138 (1) (d), 350.138 (1) (f) and 350.18 (1);
to repeal and
5recreate 40.02 (28); and
to create 5.15 (2) (f) 5., 5.58 (1u), 5.60 (6u), 7.53 (3m),
68.10 (3) (kw), 8.10 (6) (e), 8.11 (2f), 11.02 (8), 17.01 (11m), 17.27 (1f), 23.09 (26)
7(ac), 23.09 (26) (am) 3m., 23.09 (26) (ar), 23.09 (26) (bg), 23.09 (26) (h), 23.305
8(1) (am), 23.33 (1) (im), 27.16, 27.161, 27.162, 27.163, 27.164, 27.165, 66.0617
9(1) (am), 66.0617 (2) (am), 66.0617 (6) (h), 70.11 (37m), 77.25 (18m), 77.54 (9a)
10(j), 350.01 (2m) and 350.01 (9j) of the statutes;
relating to: authorizing the
11creation of local park districts, authorizing a local park district to levy a
12property tax, authorizing a local park district to apply for funding from certain
13programs administered by the Department of Natural Resources, and
14authorizing a local park district to impose impact fees and issue debt.
Analysis by the Legislative Reference Bureau
CREATION AND DISSOLUTION OF A DISTRICT
This bill authorizes one or more municipalities (cities, villages, or towns), one
or more counties, or any combination of political subdivisions (municipalities or
counties) to create a local park 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 sponsoring political subdivisions which
created it and that are within its jurisdiction.
Subject to a number of conditions, a district may be created by one of two
methods. Under both methods, an election of the district's commissioners must take
place. Under the first method, the governing bodies of one or more political
subdivisions may adopt an enabling resolution that declares the need for
establishing the district and contains a description of the boundaries of the proposed
district. The participating counties or municipalities need not be contiguous. Each
political subdivision that adopts a substantially similar enabling resolution within
90 days, beginning with the date of adoption of the first enabling resolution, may be
part of the initial jurisdiction of a district.
Under the second method, a district consisting of one or more political
subdivisions may be created by a petition and referendum. The petition may be
circulated on or after January 1 of any year and may be filed no later than 5 p.m. on
the third Tuesday in February. The petition must be filed in every political
subdivision whose park facilities are proposed to be included in the district. If it is
signed by at least 100 qualified electors residing in each political subdivision whose
park facilities are proposed to be included in the district, a referendum is held at the
next succeeding spring election. A district is then created with a jurisdiction that
consists of each of the political subdivisions in which the referendum question is
approved, except that no district may be created unless the referendum question is
approved in at least one political subdivision.
Before a district may be created, the governing bodies of each of the involved
political subdivisions must reach an agreement that includes a number of
components, including a method to transfer title of the municipal or county park
facilities to the district, a description of any encumbrances or restrictions that run
with the land or facilities that are transferred, and a method to select an arbitrator
who will decide certain issues that the relevant political subdivisions are unable to
resolve. On the date that a district is created, which is always on a January 1
following the initially elected commissioners taking office, all assets and liabilities
of the political subdivisions with respect to park and recreational functions become
assets and liabilities of the district (except for certain pre-existing political
subdivision debt related to park facilities and except for any political subdivision
liabilities related to former employees who performed park and recreational
functions and whose employment terminated before the district's creation), all
tangible personal property of the political subdivisions related to park and
recreational functions is transferred to the district, and all incumbent employees of
the political subdivisions having functions related to parks and recreation become
employees of the district. To the extent allowed by law, transferred employees would
retain their rights under their existing collective bargaining agreement. Upon the
expiration of the agreement, the district and the employees would negotiate a new
collective bargaining agreement.
In connection with park facilities, the powers of a district include the authority
to: acquire, develop, maintain, improve, operate, and manage the park facilities;
operate recreational facilities or programs; enter into contracts; employ personnel;
impose an impact fee on developers for park facilities; issue debt for capital
improvements to park facilities; and levy a property tax to carry out its functions.
The bill authorizes a district to acquire land by purchase, exchange, or donation, but
does not authorize a district to sell land. The bill also grants these districts eligibility
for various local aid programs that are administered by the Department of Natural
Resources. These programs include the local park aids program, the urban green
space program, and funding for county snowmobile trails.
A district is governed by a commission consisting of members who are elected
on a nonpartisan ballot at the spring election, except that, in an even-numbered
year, if the governing bodies of the political subdivisions whose park facilities are
included in a district can agree upon the organizing arrangements by June 1
following the adoption of resolutions or referenda questions approving the creation
of a district, the initial commissioners are elected on a nonpartisan ballot at a special
election that is held concurrently with the general (November) election in that year.
In districts having a population of 500,000 or more, there must be nine
commissioners who must be elected from election districts of equal population,
insofar as practicable. In other districts, the enabling resolution or petition must
specify the number of commissioners and whether the commissioners are to be
elected from election districts, at large, or by a combination of methods. The
boundaries of election districts are initially prescribed by the Government
Accountability Board and thereafter decennially by the commission. Vacancies are
filled by appointment of the remaining members of the commission. Each
commissioner must, at the time of taking office, reside within the park district and
within the election district, if any, from which he or she is elected or for which he or
she is appointed to fill a vacancy. The terms of commissioners are three years, except
that the initial terms are staggered such that the terms of approximately one-third
of the initial members of the commission expire in each year, and except that the
terms of any initial commissioners who are elected at the general election extend for
five months longer than the terms of other initial commissioners.
Under the bill, if a city or village whose territory is in one district annexes
territory that contains park facilities that are located in a different district, that
district is required to transfer ownership of the park facilities that are located in the
annexed territory to the district whose territory includes the annexing city or village.
The bill requires the districts to negotiate a settlement to compensate the district
from which the territory was annexed for the park facilities that were transferred.
If the districts are unable to negotiate a settlement within 60 days after the
annexation, the districts must agree on the selection of an arbitrator who will decide
the settlement amount within 30 days after his or her appointment.
With the commission's approval, the initial jurisdiction of a district may be
expanded to include any other political subdivision under procedures adopted by the
commission. Any procedures for expansion must allow the governing body of a
political subdivision to request inclusion in the district by resolution or at the request
of electors through a petition and referendum procedure.
The bill also provides two methods for a political subdivision to withdraw from
the district. Under the first method, if the governing body of a political subdivision
adopts a resolution declaring its intention to withdraw from the district and the
electors of the political subdivision approve the resolution in a referendum called for
that purpose, the political subdivision may withdraw from the district. Under the
second method, the electors of a political subdivision may petition the commission
to submit the question of withdrawal of the political subdivision from a district, and
the commission must then call a referendum in the political subdivision for the
electors to vote on whether to approve the question. If the question submitted at the
referendum is approved, the political subdivision must withdraw from the district.
Under either method, however, the political subdivision and the district must
negotiate a settlement to compensate the district for the park facilities that are
located in the political subdivision. If the district and the political subdivision are
unable to negotiate a settlement within 60 days after the political subdivision's
resolution is either approved by the commission or approved in a referendum, the
district and the political subdivision must agree on the selection of an arbitrator who
must decide the settlement amount within 30 days after his or her appointment.
A district may dissolve by action of the commission, subject to payment of the
district's debts and fulfillment of its other contractual obligations. If after
withdrawal of a political subdivision, the territory that remains in the district does
not consist of at least one political subdivision, the district must dissolve. If a district
is dissolved, its assets, liabilities, employees, pending matters, and property must be
apportioned to, and become the responsibility of, the sponsoring political
subdivisions and any other political subdivisions that joined the district. The
commission is empowered to apportion these items among the responsible political
subdivisions. If a question arises as to the the commission's actions during
dissolution, the question must be resolved by an arbitrator who is selected under the
previously agreed to procedure.
Under the bill, a political subdivision may make loans or lease or transfer
property to a district. Generally, however, a political subdivision may not create a
park or expend any funds to support park or recreational facilities, or impose an
impact fee on a developer for park facilities, after a district levies a property tax.
TAXATION
When a district is created, the initial property tax levy of the district must be
imposed by the commission in an amount that equals the total operating levy, of all
participating political subdivisions, that is attributable to expenditures for park and
recreational purposes in the year in which the district is authorized, or in the prior
year — whichever is greater. Also in the year in which the district's initial levy is
imposed, each sponsoring political subdivision must reduce its operating levy in an
amount equal to its previous year's levy for park and recreational purposes, to the
extent that those functions have been assumed by the district. The district's property
tax levy rate may not exceed one mill on each dollar of the full value of taxable
property in the district unless a higher rate is approved by the electors of a district
at a referendum. The district must hold such a referendum at the first spring
primary, spring election, September primary, general election, or special election
held throughout the district that is held at least 45 days after the date on which the
commission adopts a resolution to increase the levy rate in excess of one mill. The
district may use the tax revenue only for park and recreational purposes.
Under the bill, a district's income is exempt from the income tax, a district's
property is exempt from the property tax, property transferred to a district is exempt
from the real estate transfer fee, and sales of tangible personal property or services
to the district are exempt from all state and local sales taxes and use taxes.
Because this bill relates to an exemption from state or local taxes, it may be
referred to the Joint Survey Committee on Tax Exemptions for a report to be printed
as an appendix to the bill.
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:
AB784, s. 1
1Section
1. 5.02 (5) of the statutes is amended to read:
AB784,6,82
5.02
(5) "General election" means the election held in even-numbered years on
3the Tuesday after the first Monday in November to elect United States senators,
4representatives in congress, presidential electors, state senators, representatives to
5the assembly, district attorneys, state officers other than the state superintendent
6and judicial officers, and county officers other than supervisors and county
7executives
, and in local park districts, to elect initial local park district
8commissioners.
AB784, s. 2
9Section
2. 5.02 (21) of the statutes is amended to read:
AB784,6,1210
5.02
(21) "Spring election" means the election held on the first Tuesday in April
11to elect judicial, educational and municipal officers, nonpartisan county officers
and, 12sewerage commissioners
, and local park district commissioners.
AB784, s. 3
13Section
3. 5.15 (1) (c) of the statutes is amended to read:
AB784,7,214
5.15
(1) (c) The wards established by municipal governing bodies under this
15section on the basis of the published results of each federal decennial census of
16population shall govern the adjustment of supervisory districts under s. 59.10 (2) (a)
17and (3) (b) and of aldermanic districts under s. 62.08 (1) for the purpose of local
18elections beginning on January 1 of the 2nd year commencing after the year of the
19census until revised under this section on the basis of the results of the next
20decennial census of population unless adjusted under sub. (2) (f) 4.
or 5., (6) (a)
, or
21(7), or unless adjusted, as a matter of statewide concern, in the enactment of
1legislative districts under article IV, section 3, of the constitution on the basis of the
2most recent decennial census of population.
AB784, s. 4
3Section
4. 5.15 (2) (f) 5. of the statutes is created to read:
AB784,7,64
5.15
(2) (f) 5. That part of a local park district required to create an election
5district under s. 27.161 (7) (b) 1. that has a population which is, as nearly as
6practicable, equal to other election districts in the local park district.
AB784, s. 5
7Section
5. 5.58 (1u) of the statutes is created to read:
AB784,7,138
5.58
(1u) Local park district commissioners. Except as authorized in s. 5.655,
9there shall be a separate ballot for the election of commissioners of any local park
10district. Arrangement of the names on the ballot shall be determined by the local
11park district clerk in the same manner as provided under s. 5.60 (1) (b). The ballot
12shall be entitled "Official Primary Ballot for Commissioner of the .... Park District."
13The ballot shall also specify "At large" or "Election District .... " as required.
AB784, s. 6
14Section
6. 5.58 (3) of the statutes is amended to read:
AB784,8,715
5.58
(3) Names on spring ballot. Only 2 candidates for state superintendent,
16for any judicial office,
or for any elected seat on a metropolitan sewerage commission
17or town sanitary district commission
,; in counties having a population of 500,000 or
18more only 2 candidates for member of the board of supervisors within each district
,; 19in counties having a population of less than 500,000 only 2 candidates for each
20member of the county board of supervisors from each district or numbered seat or
21only 4 candidates for each 2 members of the county board of supervisors from each
22district whenever 2 supervisors are elected to unnumbered seats from the same
23district
,; in 1st class cities only 2 candidates for any at-large seat and only 2
24candidates from any election district to be elected to the board of school directors
,; 25in school districts electing school board members to numbered seats, or pursuant to
1an apportionment plan or district representation plan, only 2 school board
2candidates for each numbered seat or within each district
,
; in a local park district,
3twice as many candidates as are to be elected commissioner within each of the
4election districts and from the district at large; and twice as many candidates as are
5to be elected members of other school boards or other elective officers receiving the
6highest number of votes at the primary shall be nominees for the office at the spring
7election. Only their names shall appear on the official spring ballot.
AB784, s. 7
8Section
7. 5.60 (6u) of the statutes is created to read:
AB784,8,149
5.60
(6u) Local park district commission. Except as authorized in s. 5.655, a
10separate ballot shall list the names of all candidates for commissioner of any local
11park district. Arrangement of the names on the ballot shall be determined by the
12local park district clerk in the manner provided under sub. (1) (b). The ballot shall
13be entitled "Official Ballot for Commissioner of the .... Park District." The ballot shall
14also specify "At large" or "Election District .... " as required.
AB784, s. 8
15Section
8. 5.68 (2) of the statutes is amended to read:
AB784,9,216
5.68
(2) Except as otherwise expressly provided, all costs for ballots, supplies,
17notices
, and any other materials necessary in preparing or conducting any election
18shall be paid for by the county or municipality whose clerk or board of election
19commissioners is responsible for providing them. If a ballot is prepared for a school,
20technical college, sewerage
or, sanitary
, or local park district, the district shall pay
21for the cost of the ballot. If no other level of government is involved in a school,
22technical college, sewerage
or, sanitary
, or local park district election, the district
23shall pay for all costs of the ballots, supplies, notices
, and other materials. If ballots,
24supplies, notices
, or other materials are used for elections within more than one unit
25of local government, the costs shall be proportionately divided between the units of
1local government involved in the election. In a 1st class city, all costs otherwise
2attributable to a school district shall be paid by the city.
AB784, s. 9
3Section
9. 5.68 (3) of the statutes is amended to read:
AB784,9,114
5.68
(3) If voting machines are used or if an electronic voting system is used
5in which all candidates and referenda appear on the same ballot, the ballots for all
6national, state and county offices and for county and state referenda shall be
7prepared and paid for by the county wherein they are used. If the voting machine
8or electronic voting system ballot includes a municipal or
a school, technical college,
9sewerage
, local park, or sanitary district ballot, the cost of that portion of the ballot
10shall be reimbursed to the county or paid for by the municipality or district, except
11as provided in a 1st class city school district under sub. (2).
AB784, s. 10
12Section
10. 7.10 (1) (a) of the statutes is amended to read:
AB784,9,1913
7.10
(1) (a) Each county clerk shall provide ballots for every election in the
14county for all national, state and county offices, including metropolitan sewerage
15commission elections under s. 200.09 (11) (am), for municipal judges elected under
16s. 755.01 (4)
, for a local park district commission whenever the local park district is
17not coterminous with the boundaries of a single municipality, and for state and
18county referenda. The official and sample ballots shall be prepared in substantially
19the same form as those prescribed by the board under s. 7.08 (1) (a).
AB784, s. 11
20Section
11. 7.51 (3) (b) of the statutes is amended to read:
AB784,9,2421
7.51
(3) (b) For ballots which relate only to municipal
or, school district
, or local
22park district offices or referenda, the inspectors, in lieu of par. (a), after counting the
23ballots shall return them to the proper ballot boxes, lock the boxes, paste paper over
24the slots, sign their names to the paper
, and deliver them and the keys therefor to
1the municipal
or, school district
, or local park district clerk. The clerk shall retain
2the ballots until destruction is authorized under s. 7.23.
AB784, s. 12
3Section
12. 7.51 (3) (d) of the statutes is amended to read:
AB784,10,104
7.51
(3) (d) Except in municipalities where absentee ballots are canvassed
5under s. 7.52, 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 local park district election
10only, the municipal clerk shall transmit the used envelopes to the county clerk.
AB784, s. 13
11Section
13. 7.51 (4) (b) of the statutes is amended to read:
AB784,10,1612
7.51
(4) (b) The chief inspector, or one of the inspectors appointed by him or her,
13immediately after the votes are tabulated or counted at each election, shall report
14the returns of the election to the municipal clerk
or
, to the school district clerk for
15school district elections, except in 1st class cities
, or to the local park district clerk
16for local park district elections. The clerk shall then make the returns public.
AB784, s. 14
17Section
14. 7.51 (5) (a) 2., 3. and 5. and (b) of the statutes are amended to read:
AB784,10,2118
7.51
(5) (a) 2. After recording the votes, the inspectors shall seal in a carrier
19envelope outside the ballot bag or container one tally sheet and one poll list for
20delivery to the county clerk, unless the election relates only to municipal
or, school
21district
, or local park district offices or referenda.
AB784,11,322
3. The inspectors shall also seal the inspectors' statement inside a separate
23carrier envelope, and shall similarly seal in a separate carrier envelope one tally
24sheet and one poll list for delivery to the municipal clerk. For school district
25elections, except in 1st class cities, the inspectors shall seal one tally sheet and one
1poll list for delivery to the school district clerk.
For local park district elections, the
2inspectors shall seal one tally sheet and one poll list for delivery to the local park
3district clerk.
AB784,11,94
5. Upon receipt of the materials under subd. 4., the municipal clerk shall make
5sufficient copies of the inspectors' statement under sub. (4) (a) and seal one copy of
6the statement inside a carrier envelope together with the envelope containing any
7materials required to be delivered to the county clerk
or
, the school district clerk
, or
8the local park district clerk. The municipal clerk shall retain the original inspectors'
9statement.
AB784,11,2110
(b) The municipal clerk shall deliver all ballots, statements, tally sheets, lists,
11and envelopes relating to a school district
or local park district election to the school
12district
or local park district clerk
, respectively by 4 p.m. on the day following each
13such election. The municipal clerk shall deliver the ballots, statements, tally sheets,
14lists, and envelopes for his or her municipality relating to any county, technical
15college district, state, or national election to the county clerk no later than 4 p.m. on
16the day following each such election or, in municipalities where absentee ballots are
17canvassed under s. 7.52, by 4 p.m. on the 2nd day following each such election, and
18no later than 4 p.m. on the day after receiving any corrected returns under s. 6.221
19(6) (b). The person delivering the returns shall be paid out of the municipal treasury.
20Each clerk shall retain ballots, statements, tally sheets, or envelopes received by the
21clerk until destruction is authorized under s. 7.23 (1).
AB784, s. 15
22Section
15. 7.53 (3m) of the statutes is created to read:
AB784,12,1523
7.53
(3m) Local park district elections. The local park district clerk shall
24appoint 2 qualified electors of the district prior to the date of the election being
25canvassed, who shall, with the clerk, constitute the local park district board of
1canvassers. The clerk shall appoint another qualified elector of the district to fill any
2vacancy on the board of canvassers. If the clerk's office is vacant or the clerk cannot
3perform his or her duties, the chairperson of the local park district commission shall
4designate another qualified elector of the district to serve in lieu of the clerk. The
5canvass shall begin as soon as possible after receipt of the returns and shall continue,
6without adjournment, until completed. The board of canvassers may return
7defective returns to the municipal board of canvassers in the manner provided in s.
87.60 (3). The board of canvassers shall prepare a written statement showing the
9numbers of votes cast for each person for each office and shall prepare a
10determination showing the names of the persons who are elected to the local park
11district commission. Following each primary election, the board of canvassers shall
12prepare a statement certifying the names of the persons who have won nomination
13to the local park district commission. Each statement and determination shall be
14attested by each of the canvassers. The board of canvassers shall file each statement
15and determination in the local park district office.
AB784, s. 16
16Section
16. 8.10 (3) (kw) of the statutes is created to read:
AB784,12,2117
8.10
(3) (kw) For commissioners of local park districts who are elected at large,
18not less than 40 nor more than 200 electors, and for commissioners of local park
19districts who are elected from election districts, not less than 200 nor more than 400
20electors in local park districts of 500,000 population or more, and not less than 20 nor
21more than 100 electors in districts of less than 500,000 population.
AB784, s. 17
22Section
17. 8.10 (6) (e) of the statutes is created to read:
AB784,12,2423
8.10
(6) (e) For members of the local park district commission, with the local
24park district clerk.
AB784, s. 18
25Section
18. 8.11 (2f) of the statutes is created to read:
AB784,13,4
18.11
(2f) Local park district commission. A primary shall be held in a local
2park district whenever there are more than twice the number of candidates to be
3elected members of the local park district commission at large or from any election
4district.
AB784, s. 19
5Section
19. 9.10 (1) (a) of the statutes is amended to read:
AB784,13,116
9.10
(1) (a) The qualified electors of the state
,; of any county, city, village,
or 7town
,; of any congressional, legislative, judicial
, or school district
,; of any local park
8district or election district thereof; or of any prosecutorial unit may petition for the
9recall of any incumbent elective official by filing a petition with the same official or
10agency with whom nomination papers or declarations of candidacy for the office are
11filed demanding the recall of the officeholder.
AB784, s. 20
12Section
20. 9.10 (2) (d) of the statutes is amended to read:
AB784,13,2513
9.10
(2) (d) No petition may be offered for filing for the recall of an officer unless
14the petitioner first files a registration statement under s. 11.05 (1) or (2) with the
15filing officer with whom the petition is filed. The petitioner shall append to the
16registration a statement indicating his or her intent to circulate a recall petition, the
17name of the officer for whom recall is sought and, in the case of a petition for the recall
18of a city, village, town
, local park district, or school district officer, a statement of a
19reason for the recall which is related to the official responsibilities of the official for
20whom removal is sought. No petitioner may circulate a petition for the recall of an
21officer prior to completing registration. The last date
that on which a petition for the
22recall of an officer may be offered for filing is 5 p.m. on the 60th day commencing after
23registration. After the recall petition has been offered for filing, no name may be
24added or removed. No signature may be counted unless the date of the signature is
25within the period provided in this paragraph.
AB784, s. 21
1Section
21. 9.10 (3) (a) of the statutes is amended to read:
AB784,14,42
9.10
(3) (a) This subsection applies to the recall of all elective officials other
3than city, village, town
, local park district, and school district officials. City, village,
4town
, local park district, and school district officials are recalled under sub. (4).
AB784, s. 22
5Section
22. 9.10 (4) (a) of the statutes is amended to read:
AB784,15,136
9.10
(4) (a) Within 10 days after a petition for the recall of a city, village, town
,
7local park district, or school district official
, is offered for filing, the officer against
8whom the petition is filed may file a written challenge with the
municipal clerk or
9board of election commissioners or school district clerk official or agency with whom
10it the petition is filed, specifying any alleged insufficiency. If a challenge is filed, the
11petitioner may file a written rebuttal to the challenge with the
clerk or board of
12election commissioners official or agency within 5 days after the challenge is filed.
13If a rebuttal is filed, the officer against whom the petition is filed may file a reply to
14any new matter raised in the rebuttal within 2 days after the rebuttal is filed. Within
1514 days after the expiration of the time allowed for filing a reply to a rebuttal, the
16clerk or board of election commissioners official or agency shall file the certificate or
17an amended certificate. Within 31 days after the petition is offered for filing, the
18clerk or board of election commissioners official or agency shall determine by careful
19examination of the face of the petition whether the petition is sufficient and shall so
20state in a certificate
issued by the official or agency and attached to the petition. If
21the petition is found to be insufficient, the certificate shall state the particulars
22creating the insufficiency. The petition may be amended to correct any insufficiency
23within 5 days following the affixing of the original certificate. Within 2 days after
24the offering of the amended petition for filing, the
clerk or board of election
25commissioners official or agency shall again carefully examine the face of the petition
1to determine sufficiency and shall attach to the petition a certificate stating the
2findings. Immediately upon finding an original or amended petition sufficient,
3except in cities over 500,000 population
, the municipal clerk or school district clerk 4and except with regard to a commissioner of a local park district, the official shall
5transmit the petition to the governing body or to the school board.
Immediately 6Except with regard to a commissioner of a local park district, immediately upon
7finding an original or amended petition sufficient, in cities over 500,000 population,
8the board of election commissioners shall file the petition in its office.
Immediately
9upon finding an original or amended petition sufficient, with regard to a member of
10the local park district commission, the local park district clerk shall file the petition
11in his or her office and shall transmit a copy of the petition to the governing body of
12each city, village, and town that has territory within the jurisdiction of the local park
13district.
AB784, s. 23
14Section
23. 9.10 (4) (d) of the statutes is amended to read:
AB784,15,2015
9.10
(4) (d) Promptly upon receipt of a certificate
or copy of the certificate issued
16under par. (a), the governing body, school board, or board of election commissioners
17shall call a recall election. The recall election shall be held on the Tuesday of the 6th
18week commencing after the date on which the certificate is filed, except that if
19Tuesday is a legal holiday the recall election shall be held on the first day after
20Tuesday which is not a legal holiday.
AB784, s. 24
21Section
24. 9.10 (7) of the statutes is amended to read:
AB784,15,2422
9.10
(7) Purpose. The purpose of this section is to facilitate the operation of
23article XIII, section 12, of the constitution and to extend the same rights to electors
24of cities, villages, towns
, local park districts, and school districts.
AB784, s. 25
25Section
25. 10.05 of the statutes is amended to read:
AB784,16,13
110.05 Posting of notice. Unless specifically designated elsewhere, this
2section applies to villages, towns
and, school districts
, and local park districts.
3Whenever a notice is required to be published, a village, town
or, school district
, or
4local park district may post 3 notices in lieu of publication under ch. 985 whenever
5there is not a newspaper published within the village, town
or, school district
, or local
6park district or whenever the governing body of the village, town
or, school district
,
7or local park district chooses to post in order to supplement notice provided in a
8newspaper. Whenever the manner of giving notice is changed by the governing body,
9the body shall give notice of the change in the manner used before the change.
10Whenever posting is used, the notices shall be posted no later than the day prescribed
11by law for publication
, or
, if that day falls within the week preceding the election to
12be noticed, at least one week before the election. All notices given for the same
13election shall be given in the same manner.
AB784, s. 26
14Section
26. 10.07 (1) of the statutes is amended to read: