SB258: Bill Text

SB258,21,12 8.11 (7) Town sanitary district commission. A primary shall be held for any seat on a town sanitary district commission in any district that is contained within more than one town whenever there are more than 2 candidates for the office of commissioner at any election.

SB258, s. 36 Section 36. 8.11 (8) of the statutes is created to read:

SB258,21,17 8.11 (8) Exposition district board of directors. A primary shall be held for any seat on the board of directors of an exposition district in an exposition district consisting of more than one municipality whenever there are more than 2 candidates for that seat.

SB258, s. 37 Section 37. 8.11 (10) of the statutes is created to read:

SB258,21,21 8.11 (10) Professional football stadium district board. A primary shall be held for any seat on the district board of a professional football stadium district whenever there are more than 2 candidates for that seat.

SB258, s. 38 Section 38. 9.10 (1) (a) of the statutes is amended to read:

SB258,22,5 9.10 (1) (a) The qualified electors of the state, of any county, city, village, town, town sanitary district, of any congressional, legislative, judicial, technical college, metropolitan sewerage, exposition, professional football stadium, cultural arts, or school district, of any subdistrict within a metropolitan sewerage district created under s. 200.23, 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.

SB258, s. 39 Section 39. 9.10 (2) (b) of the statutes is amended to read:

SB258,22,11 9.10 (2) (b) A recall petition for a city, village, town, town sanitary district, or technical college, metropolitan sewerage, exposition, professional football stadium, cultural arts, or school district office shall contain a statement of a reason for the recall which is related to the official responsibilities of the official for whom removal is sought.

SB258, s. 40 Section 40. 9.10 (2) (d) of the statutes is amended to read:

SB258,23,2 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, town sanitary district, or technical college, metropolitan sewerage, exposition, professional football stadium, cultural arts, 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 an officer may be offered for filing is 5 p.m. on the 60th 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.

SB258, s. 41 Section 41. 9.10 (3) (a) of the statutes is amended to read:

SB258,23,9 9.10 (3) (a) This subsection applies to the recall of all elective officials other than city, village, town, town sanitary district, and technical college, metropolitan sewerage, exposition, professional football stadium, cultural arts, and school district officials. City, village, town, town sanitary district, and technical college, metropolitan sewerage, exposition, professional football stadium, cultural arts, and school district officials are recalled under sub. (4).

SB258, s. 42 Section 42. 9.10 (4) (a) of the statutes is amended to read:

SB258,25,12 9.10 (4) (a) Within 10 days after a petition for the recall of a city, village, town, town sanitary district, or technical college, metropolitan sewerage, exposition, professional football stadium, cultural arts, 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 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 town sanitary districts, and technical college, metropolitan sewerage, exposition, professional football stadium, and cultural arts districts, and cities over 500,000 population, the municipal clerk or school district clerk the official shall transmit the petition to the governing body or to the school board. Immediately Except with regard to a petition filed against a metropolitan sewerage commissioner or cultural arts district board member, 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 offered for filing against a metropolitan sewerage commissioner to be sufficient in a metropolitan sewerage district created under s. 200.23, the secretary of the metropolitan sewerage district shall file the petition in his or her office and shall transmit a copy of the petition to the metropolitan sewerage commission. Immediately upon finding an original or amended petition sufficient, in a technical college district or a metropolitan sewerage district organized under subch. I of ch. 200, the elections board shall file the petition in its office. Immediately upon finding an original or amended petition offered for filing against a town sanitary district commissioner to be sufficient in a town sanitary district, the secretary of the district shall file the petition in his or her office and transmit a copy to the town sanitary district commission. Immediately upon finding an original or amended petition sufficient in an exposition district the boundaries of which are not coterminous with the boundaries of a single municipality, the county clerk or board of election commissioners shall file the petition in the office of the clerk or board of election commissioners. Immediately upon finding an original or amended petition sufficient in a professional football stadium district, the county clerk or board of election commissioners shall file the petition in the office of the clerk or board of election commissioners. Immediately upon finding an original or amended petition sufficient in a cultural arts district, the city clerk or board of election commissioners shall file the petition in the office of the clerk or board of election commissioners.

SB258, s. 43 Section 43. 9.10 (4) (d) of the statutes is amended to read:

SB258,25,20 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 county clerk, city clerk, board of election commissioners, metropolitan sewerage commission, town sanitary district commission, or elections board 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.

SB258, s. 44 Section 44. 9.10 (7) of the statutes is amended to read:

SB258,26,2 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, town sanitary districts, and technical college, metropolitan sewerage, exposition, professional football stadium, cultural arts, and school districts.

SB258, s. 45 Section 45. 10.05 of the statutes is amended to read:

SB258,26,21 10.05 Posting of notice. Unless specifically designated elsewhere, this section applies to villages, towns and, town sanitary districts, and technical college, metropolitan sewerage, exposition, professional football stadium, cultural arts, and school districts. Whenever a notice is required to be published, a village, town or, town sanitary district, or technical college, metropolitan sewerage, exposition, professional football stadium, cultural arts, or school district may post 3 notices in lieu of publication under ch. 985 whenever there is not a newspaper published within the village, town or, town sanitary district, or technical college, metropolitan sewerage, exposition, professional football stadium, cultural arts, or school district or whenever the governing body of the village, town or , town sanitary district, or technical college, metropolitan sewerage, exposition, professional football stadium, cultural arts, or school district chooses to post in order to supplement notice provided in a newspaper. Whenever the manner of giving notice is changed by the governing body, the body shall give notice of the change in the manner used before the change. Whenever posting is used, the notices shall be posted no later than the day prescribed by law for publication, or if that day falls within the week preceding the election to be noticed, at least one week before the election. All notices given for the same election shall be given in the same manner.

SB258, s. 46 Section 46. 11.02 (3) of the statutes is amended to read:

SB258,27,2 11.02 (3) Except as provided in sub. subs. (3e), (9), (10), and (11), the "filing officer" for each candidate for local office and for each committee which or individual who is acting in support of or in opposition to any candidate for local office, but not any candidate for state office, is the clerk of the most populous jurisdiction for which any candidate who is supported or opposed seeks office.

SB258, s. 47 Section 47. 11.02 (9) to (12) of the statutes are created to read:

SB258,27,6 11.02 (9) If the jurisdiction under sub. (3) is a metropolitan sewerage district created under s. 200.23, the filing officer is the secretary of the metropolitan sewerage district.

SB258,27,8 (10) If the jurisdiction under sub. (3) is a metropolitan sewerage district organized under subch. I of ch. 200, the filing officer is the board.

SB258,27,10 (11) If the jurisdiction under sub. (3) is a town sanitary district, the filing officer is the secretary of the district.

SB258,27,17 (12) If the jurisdiction under sub. (3) is an exposition district the boundaries of which are coterminous with the boundaries of a single municipality, the filing officer is the municipal clerk or board of election commissioners of that municipality. If the jurisdiction under sub. (3) is an exposition district the boundaries of which are not coterminous with the boundaries of a single municipality, the filing officer is the county clerk or board of election commissioners of the county in which the largest portion of the population of the district is contained.

SB258, s. 48 Section 48. 11.02 (14) and (15) of the statutes are created to read:

SB258,27,21 11.02 (14) If the jurisdiction under sub. (3) is a professional football stadium district, the filing officer is the county clerk or board of election commissioners of the county in which the district is contained.

SB258,27,24 (15) If the jurisdiction under sub. (3) is a cultural arts district, the filing officer is the city clerk or board of election commissioners of the city in which the district is contained.

SB258, s. 49 Section 49. 11.26 (1) (c) of the statutes is amended to read:

SB258,28,2 11.26 (1) (c) Candidates for representative to the assembly or member of a technical college district board, $500.

SB258, s. 50 Section 50. 11.26 (1) (d) 2. of the statutes is amended to read:

SB258,28,7 11.26 (1) (d) 2. One cent times the number of inhabitants of the jurisdiction or, district, or subdistrict, according to the latest federal census or the census information on which the district or subdistrict is based, as certified by the appropriate filing officer, but not more than $3,000.

SB258, s. 51 Section 51. 11.26 (2) (c) of the statutes is amended to read:

SB258,28,10 11.26 (2) (c) Candidates for representative to the assembly or member of a technical college district board, $500.

SB258, s. 52 Section 52. 11.26 (2) (e) 2. of the statutes is amended to read:

SB258,28,15 11.26 (2) (e) 2. Three-fourths of one cent times the number of inhabitants of the jurisdiction or, district, or subdistrict, according to the latest federal census or the census information on which the district, or subdistrict is based, as certified by the appropriate filing officer, but not more than $2,500.

SB258, s. 53 Section 53. 11.31 (1) (f) of the statutes is amended to read:

SB258,28,19 11.31 (1) (f) Candidates for representative to the assembly or member of a technical college district board, $17,250 total in the primary and election, with disbursements not exceeding $10,775 for either the primary or the election.

SB258, s. 54 Section 54. 11.31 (1) (g) (intro.) of the statutes is amended to read:

SB258,28,23 11.31 (1) (g) (intro.) In any jurisdiction or district, other than a technical college district or judicial district or circuit, with a population of 500,000 or more according to the most recent federal census covering the entire jurisdiction or district:

SB258, s. 55 Section 55. 11.31 (1) (g) 1. d. of the statutes is created to read:

SB258,29,2 11.31 (1) (g) 1. d. Candidates for metropolitan sewerage commissioner in a district created under s. 200.23, $17,250.

SB258, s. 56 Section 56. 17.01 (9m) of the statutes is created to read:

SB258,29,4 17.01 (9m) By a town sanitary district officer, to the secretary of the district.

SB258, s. 57 Section 57. 17.01 (10m) of the statutes is created to read:

SB258,29,7 17.01 (10m) By a member of a technical college district board, to the secretary of the district board.

SB258, s. 58 Section 58. 17.01 (11n) of the statutes is created to read:

SB258,29,13 17.01 (11n) By a member of the metropolitan sewerage commission in a district created under s. 200.23, to the secretary of the metropolitan sewerage district. The secretary shall immediately give a copy of each resignation under this subsection to the elections board and to the county and municipal clerk or board of election commissioners of each county and municipality that has territory within the district.

SB258, s. 59 Section 59. 17.02 (2) of the statutes is created to read:

SB258,29,17 17.02 (2) Technical college district board. Of the resignation of a member of a technical college district board, by the secretary of the district board to the elections board.

SB258, s. 60 Section 60. 17.02 (5) of the statutes is created to read:

SB258,29,22 17.02 (5) Metropolitan sewerage commissioners. Of the resignation of a commissioner of a metropolitan sewerage district in a district organized under subch. I of ch. 200, by the secretary of the metropolitan sewerage district to the elections board.

SB258, s. 61 Section 61. 17.13 (intro.) of the statutes is amended to read:

SB258,30,3 17.13 Removal of village, town, town sanitary district, school district, technical college and district, family care district, and metropolitan sewerage district officers. (intro.) Officers of towns, town sanitary districts, villages, school districts, technical college districts and , family care districts, and metropolitan sewerage districts created under s. 200.23 may be removed as follows:

SB258, s. 62 Section 62. 17.13 (3) of the statutes is amended to read:

SB258,30,10 17.13 (3) All officers. Any officer of a village, town, town sanitary district, school district or, technical college district officer, or metropolitan sewerage district created under s. 200.23, elective or appointive, including those embraced within subs. (1) and (2), by the a judge of the circuit court of the a circuit wherein the village, town, town sanitary district, school district or, technical college district, or metropolitan sewerage district is situated, for cause.

SB258, s. 63 Section 63. 17.17 (2) and (2m) of the statutes are created to read:

SB258,30,14 17.17 (2) Technical college district board. In the office of member of a technical college district board, by the secretary of the district board to the elections board.

SB258,30,17 (2m) Metropolitan sewerage district commission. In the office of commissioner of a metropolitan sewerage district created under subch. I of ch. 200, by the secretary of the metropolitan sewerage district to the board.

SB258, s. 64 Section 64. 17.27 (1g) of the statutes is created to read:

SB258,31,4 17.27 (1g) Metropolitan sewerage commission serving 1st class city. Except as provided in s. 9.10, a vacancy in the office of metropolitan sewerage commissioner in any metropolitan sewerage district created under s. 200.23 may be filled by temporary appointment of the remaining members of the commission. The temporary appointee shall serve for the residue of the unexpired term or until a successor is elected and qualified under this subsection, whichever occurs first. 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, 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.

SB258, s. 65 Section 65. 17.27 (1m) of the statutes is amended to read:

SB258,31,11 17.27 (1m) Metropolitan Other metropolitan sewerage commission commissions. Vacancies in the office of any directly elected member of a metropolitan sewerage commission in a metropolitan sewerage district organized under s. 200.09 (11) (am) subch. I of ch. 200 shall be filled by temporary appointment of the governor until a successor is elected and qualified. A successor shall be elected in the manner prescribed for filling vacancies in elective city offices under s. 17.23 (1) (a).

SB258, s. 66 Section 66. 17.27 (3) of the statutes is repealed and recreated to read:

SB258,31,21 17.27 (3) Technical college district board. Except as provided in s. 9.10, a vacancy in the office of member of a technical college district board may be filled by temporary appointment of the remaining members of the district board. The temporary appointee shall serve until a successor is elected and qualifies. If the vacancy occurs in any year after the first Tuesday in April and on or before December 1, the vacancy shall be filled for the residue of the unexpired term, if any, at the succeeding 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.

SB258, s. 67 Section 67. 38.04 (15) of the statutes is repealed.

SB258, s. 68 Section 68. 38.06 (6) of the statutes is created to read:

SB258,31,25 38.06 (6) Promptly upon issuance of a reorganization order by the board, the director of the board shall transmit a copy of the order to the elections board.

SB258, s. 69 Section 69. 38.08 (1) (a) of the statutes is repealed and recreated to read:

SB258,32,7 38.08 (1) (a) A district board shall administer the district and shall be composed of 9 members who are residents of the district. The members shall be elected to represent numbered election districts within each technical college district by the electors of each election district at the spring election. Each member of the district board shall be an elector of the numbered election district within the technical college district for which he or she seeks office.

SB258, s. 70 Section 70. 38.08 (1) (b) of the statutes is amended to read:

SB258,32,10 38.08 (1) (b) District board members shall take office on July 1 and shall serve staggered 3-year 4-year terms.

SB258, s. 71 Section 71. 38.08 (1) (c) of the statutes is created to read:

SB258,32,16 38.08 (1) (c) Promptly upon receipt of the determinations of the elections board under s. 7.70 (6) and upon appointment of any person to fill a temporary vacancy on the district board, the secretary of the district board shall send written notification of the name and address of each member and expiration date of each member's term to the director of the board.

SB258, s. 72 Section 72. 38.08 (1g), (2) and (2m) of the statutes are repealed.

SB258, s. 73 Section 73. 38.08 (6) of the statutes is created to read:

SB258,33,8 38.08 (6) (a) Within 90 days after the population count by block, established in the decennial federal census of population, and maps showing the location and numbering of census blocks become available in printed form from the federal government or are published for distribution by an agency of this state or within 90 days after alteration of the boundaries of an existing district, the district board of each existing district shall apportion and prescribe the boundaries of 9 numbered election districts within the district, to be as nearly equal in population as possible. Within 90 days after the creation of any new district, the board shall similarly apportion and prescribe the boundaries of 9 numbered election districts within that district. Alterations in election districts resulting from boundary changes to existing districts may be made only to the extent required to facilitate the change. Insofar as possible, each election district shall be compact and observe the community of interest of existing neighborhoods. A detailed map and description of each election district prescribed by a district board shall be prepared and transmitted by the district board to the director of the board.

SB258,33,15 (b) All proposed district boundaries established by a district board under par. (a) shall become effective only upon their approval by the board. If the board disapproves the proposed boundaries, the district board shall submit a revised districting plan for approval of the board. Upon approval of the election district boundaries within any district, the board shall promulgate the boundaries established under par. (a) as a rule under ch. 227. The boundaries shall become effective on the effective date of the rule.

SB258, s. 74 Section 74. 38.10 of the statutes is repealed.

SB258, s. 75 Section 75. 60.72 (8) (a) of the statutes is amended to read:

SB258,34,2 60.72 (8) (a) After a town sanitary district has been established under sub. (6) or (7), the town board shall appoint or provide for the election of the initial commissioners or constitute itself as the commission under s. 60.74 within 60 days after the expiration of the review period under s. 60.73, if no appeal is filed, or within 60 days after the department's order is affirmed in a proceeding under s. 60.73. If the town board does not appoint or provide for the election of the initial commissioners or constitute itself as the commission, the department shall appoint, for 2-year terms, 3 commissioners who meet the residence and property-ownership requirements of s. 60.75 (3). The initial appointed commissioners shall serve for the term prescribed under s. 60.74 (3).

SB258, s. 76 Section 76. 60.72 (8) (b) of the statutes is repealed.

SB258, s. 77 Section 77. 60.72 (8) (d) of the statutes is amended to read:

SB258,34,7 60.72 (8) (d) The department shall file notice of all appointments the appointment of the initial commissioners with the town clerk in each town in which the district is located.

SB258, s. 78 Section 78. 60.74 (1) of the statutes is repealed.

SB258, s. 79 Section 79. 60.74 (2) of the statutes is repealed.