JTK:cjs:ph
2011 - 2012 LEGISLATURE
ASSEMBLY AMENDMENT 23,
TO 2011 SENATE BILL 275
March 15, 2012 - Offered by Representative Hulsey.
SB275-AA23,1,21
At the locations indicated, amend the
bill, as shown by senate substitute
2amendment 2, as follows:
SB275-AA23,1,7
31. Page 1, line 5: delete the material beginning with that line and ending with
4page 6, line 20, including the material inserted by senate amendment 1, and
5substitute "the Fox Valley technical college district board, providing an exemption
6from and extending the time limit for emergency rule procedures, and granting
7rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB275-AA23, s. 1
8Section
1. 5.02 (3), (5) and (23) of the statutes are amended to read:
SB275-AA23,1,109
5.02
(3) "Educational officer" means the state superintendent
, a member of the
10Fox Valley technical college district board, and
a school board
members member.
SB275-AA23,2,4
11(5) "General election" means the election held in even-numbered years on the
12Tuesday after the first Monday in November to elect United States senators,
1representatives in congress, presidential electors, state senators, representatives to
2the assembly, district attorneys, state officers other than the state superintendent
,
3members of the Fox Valley technical college district boards, and judicial officers, and
4county officers other than supervisors and county executives.
SB275-AA23,2,9
5(23) "State office" means the offices of governor, lieutenant governor, secretary
6of state, state treasurer, attorney general, state superintendent, justice of the
7supreme court, court of appeals judge, circuit court judge, state senator, state
8representative to the assembly
and, district attorney
, and member of the Fox Valley
9technical college district board.
SB275-AA23,2,1611
5.58
(2s) Fox Valley technical college district board. In those years when
12a primary is scheduled, there shall be a separate ballot for member of the Fox Valley
13technical college district board. Arrangement of the names on the ballot shall be
14determined by the government accountability board under s. 5.60 (1) (b). The ballot
15shall be titled "Official Primary Ballot for Fox Valley Technical College District
16Board."
SB275-AA23,3,1219
5.58
(3) Names on spring ballot. Only 2 candidates for state superintendent,
20for any judicial office, for any elected seat on a metropolitan sewerage commission
21or town sanitary district commission,
for member of the Fox Valley technical college
22district board from any election district, in counties having a population of 750,000
23or more, only 2 candidates for the office of comptroller, in counties having a
24population of 500,000 or more only 2 candidates for member of the board of
25supervisors within each district, in counties having a population of less than 500,000
1only 2 candidates for each member of the county board of supervisors from each
2district or numbered seat or only 4 candidates for each 2 members of the county board
3of supervisors from each district whenever 2 supervisors are elected to unnumbered
4seats from the same district, in 1st class cities only 2 candidates for any at-large seat
5and only 2 candidates from any election district to be elected to the board of school
6directors, in school districts electing school board members to numbered seats, or
7pursuant to an apportionment plan or district representation plan, only 2 school
8board candidates for each numbered seat or within each district, and twice as many
9candidates as are to be elected members of other school boards or other elective
10officers receiving the highest number of votes at the primary shall be nominees for
11the office at the spring election. Only their names shall appear on the official spring
12ballot.
SB275-AA23,3,1615
5.60
(1) (title)
State superintendent Nonpartisan state officers; judiciary;
16county executive; county comptroller; and county supervisors supervisor.
SB275-AA23,3,2218
5.60
(1) (am) In those years when an election is scheduled, there shall be a
19separate ballot for each member of the Fox Valley technical college district board. The
20government accountability board shall determine the official ballot arrangement for
21technical college district board candidates by using the same method as that used
22under par. (b).
SB275-AA23,4,924
5.60
(1) (b) The board shall certify the candidates' names and designate the
25official ballot arrangement for candidates for state superintendent, justice, court of
1appeals judge, circuit judge
, member of the Fox Valley technical college district
2board, and, if commissioners are elected under s. 200.09 (11) (am), the metropolitan
3sewerage commission. The arrangement of names of all candidates on the ballot
4whose nomination papers are filed with the board shall be determined by the board
5by the drawing of lots not later than the 2nd Tuesday in January, or the next day if
6the first Tuesday is a holiday. Whenever a primary is held for an office, a 2nd drawing
7of all candidates for that office shall be held by or under the supervision of the board
8not later than the 3rd day following the completion of the primary canvass to
9determine the arrangement of candidates on the election ballot.
SB275-AA23,5,611
7.60
(4) (a) The board of canvassers shall make separate duplicate statements
12showing the numbers of votes cast for the offices of president and vice president; state
13officials; U.S. senators and representatives in congress; state legislators; justice;
14court of appeals judge; circuit judges;
members of the Fox Valley technical college
15district board; district attorneys; and metropolitan sewerage commissioners, if the
16commissioners are elected under s. 200.09 (11) (am). If a municipal judge elected
17under s. 755.01 (4) serves a municipality that is located partially within the county
18and candidates for that judgeship file nomination papers in another county, the
19board of canvassers shall prepare a duplicate statement showing the numbers of
20votes cast for that judgeship in that county for transmittal to the other county. For
21partisan candidates, the statements shall include the political party or principle
22designation, if any, next to the name of each candidate. The board of canvassers shall
23also prepare a statement showing the results of any county, technical college district,
24or statewide referendum. Each statement shall state the total number of votes cast
25in the county for each office; the names of all persons for whom the votes were cast,
1as returned; the number of votes cast for each person; and the number of votes cast
2for and against any question submitted at a referendum. The board of canvassers
3shall use one copy of each duplicate statement to report to the government
4accountability board, technical college district board, or board of canvassers of any
5other county and shall file the other statement in the office of the county clerk or
6board of election commissioners.
SB275-AA23,6,29
7.60
(5) (a) Immediately following the canvass, the county clerk shall deliver
10or transmit to the government accountability board a certified copy of each statement
11of the county board of canvassers for president and vice president, state officials,
12senators and representatives in congress, state legislators, justice, court of appeals
13judge, circuit judge,
members of the Fox Valley technical college district board, 14district attorney, and metropolitan sewerage commissioners, if the commissioners
15are elected under s. 200.09 (11) (am). The statement shall record the returns for each
16office or referendum by ward, unless combined returns are authorized under s. 5.15
17(6) (b) in which case the statement shall record the returns for each group of
18combined wards. Following primaries the county clerk shall enclose on forms
19prescribed by the government accountability board the names, party or principle
20designation, if any, and number of votes received by each candidate recorded in the
21same manner. The county clerk shall deliver or transmit the certified statement to
22the government accountability board no later than 9 days after each primary except
23the partisan primary, no later than 10 days after the partisan primary and any other
24election except the general election, and no later than 14 days after the general
25election. The board of canvassers shall deliver or transmit a certified copy of each
1statement for any technical college district referendum to the secretary of the
2technical college district board.
SB275-AA23,6,154
7.70
(3) (d) When the certified statements and returns are received, the
5chairperson of the board or the chairperson's designee shall proceed to examine and
6make a statement of the total number of votes cast at any election for the offices
7involved in the election for president and vice president; a statement for each of the
8offices of governor, lieutenant governor, if a primary, and a joint statement for the
9offices of governor and lieutenant governor, if a general election; a statement for each
10of the offices of secretary of state, state treasurer, attorney general, and state
11superintendent; for U.S. senator; representative in congress for each congressional
12district; the state legislature; justice; court of appeals judge; circuit judge;
Fox Valley
13technical college district board member; district attorney; metropolitan sewerage
14commission, if the commissioners are elected under s. 200.09 (11) (am); and for any
15referenda questions submitted by the legislature.
SB275-AA23,6,2117
7.70
(6) Fox Valley technical college district board members;
18determinations. The government accountability board shall transmit to the
19secretary of the technical college district board a copy of the certified determination
20of the chairperson of the government accountability board or his or her designee for
21the election of each member of the Fox Valley technical college district board.
SB275-AA23,6,2423
8.10
(3) (ae) For the office of member of the Fox Valley technical college district
24board from any election district, not less than 200 nor more than 400 electors.
SB275-AA23,7,3
18.11
(6) Fox Valley technical college district board members. A primary
2shall be held in an election for any seat on the Fox Valley technical college district
3board whenever there are more than 2 candidates in any election district.
SB275-AA23,7,105
9.10
(1) (a) The qualified electors of the state, of any county, city, village, or
6town, of any congressional, legislative, judicial, town sanitary, or school district,
of
7the Fox Valley technical college district, or of any prosecutorial unit may petition for
8the recall of any incumbent elective official by filing a petition with the same official
9or agency with whom nomination papers or declarations of candidacy for the office
10are filed demanding the recall of the officeholder.
SB275-AA23,7,1512
9.10
(2) (b) A recall petition for a city, village, town,
Fox Valley technical college
13district, town sanitary district, or school district office shall contain a statement of
14a reason for the recall which is related to the official responsibilities of the official for
15whom removal is sought.
SB275-AA23,8,417
9.10
(2) (d) No petition may be offered for filing for the recall of an officer unless
18the petitioner first files a registration statement under s. 11.05 (1) or (2) with the
19filing officer with whom the petition is filed. The petitioner shall append to the
20registration a statement indicating his or her intent to circulate a recall petition, the
21name of the officer for whom recall is sought and, in the case of a petition for the recall
22of a city, village, town,
Fox Valley technical college district, town sanitary district, or
23school district officer, a statement of a reason for the recall which is related to the
24official responsibilities of the official for whom removal is sought. No petitioner may
25circulate a petition for the recall of an officer prior to completing registration. The
1last date that a petition for the recall of an officer may be offered for filing is 5 p.m.
2on the 60th day commencing after registration. After the recall petition has been
3offered for filing, no name may be added or removed. No signature may be counted
4unless the date of the signature is within the period provided in this paragraph.
SB275-AA23,8,96
9.10
(3) (a) This subsection applies to the recall of all elective officials other
7than city, village, town,
Fox Valley technical college district, town sanitary district,
8and school district officials. City, village, town,
Fox Valley technical college district, 9town sanitary district, and school district officials are recalled under sub. (4).
SB275-AA23,8,1211
9.10
(4) (title)
City, village, town, town sanitary district, Fox Valley
12technical college district, and school district offices.
SB275-AA23,9,1714
9.10
(4) (a) Within 10 days after a petition for the recall of a city, village, town,
15Fox Valley technical college district, town sanitary district, or school district official,
16is offered for filing, the officer against whom the petition is filed may file a written
17challenge with the
municipal clerk or board of election commissioners or school
18district clerk official or agency with whom it is filed, specifying any alleged
19insufficiency. If a challenge is filed, the petitioner may file a written rebuttal to the
20challenge with the
clerk or board of election commissioners official or agency within
215 days after the challenge is filed. If a rebuttal is filed, the officer against whom the
22petition is filed may file a reply to any new matter raised in the rebuttal within 2 days
23after the rebuttal is filed. Within 14 days after the expiration of the time allowed for
24filing a reply to a rebuttal, the
clerk or board of election commissioners official or
25agency shall file the certificate or an amended certificate. Within 31 days after the
1petition is offered for filing, the
clerk or board of election commissioners official or
2agency shall determine by careful examination of the face of the petition whether the
3petition is sufficient and shall so state in a certificate attached to the petition. If the
4petition is found to be insufficient, the certificate shall state the particulars creating
5the insufficiency. The petition may be amended to correct any insufficiency within
65 days following the affixing of the original certificate. Within 2 days after the
7offering of the amended petition for filing, the
clerk or board of election
8commissioners official or agency shall again carefully examine the face of the petition
9to determine sufficiency and shall attach to the petition a certificate stating the
10findings. Immediately upon finding an original or amended petition sufficient,
11except in cities over 500,000 population
and in the Fox Valley technical college
12district, the
municipal clerk or school district clerk official shall transmit the petition
13to the governing body or to the school board. Immediately upon finding an original
14or amended petition sufficient, in cities over 500,000 population, the board of election
15commissioners shall file the petition in its office.
Immediately upon finding an
16original or amended petition sufficient, in the Fox Valley technical college district,
17the government accountability board shall file the petition in its office.
SB275-AA23,9,2419
9.10
(4) (d) Promptly upon receipt of a certificate under par. (a), the governing
20body, school board,
or board of election commissioners
, or government accountability
21board shall call a recall election. The recall election shall be held on the Tuesday of
22the 6th week commencing after the date on which the certificate is filed, except that
23if Tuesday is a legal holiday the recall election shall be held on the first day after
24Tuesday which is not a legal holiday.
SB275-AA23,10,4
19.10
(7) Purpose. The purpose of this section is to facilitate the operation of
2article XIII, section 12, of the constitution and to extend the same rights to electors
3of cities, villages, towns,
the Fox Valley technical college district, town sanitary
4districts, and school districts.
SB275-AA23,10,76
11.26
(1) (c) Candidates for representative to the assembly
or member of the
7Fox Valley technical college district board, $500.
SB275-AA23,10,109
11.26
(2) (c) Candidates for representative to the assembly
or member of the
10Fox Valley technical college district board, $500.
SB275-AA23,10,1412
11.31
(1) (f) Candidates for representative to the assembly
or member of the
13Fox Valley technical college district board, $17,250 total in the primary and election,
14with disbursements not exceeding $10,775 for either the primary or the election.
SB275-AA23, s. 24
15Section 24. 11.31 (1) (g) (intro.) of the statutes is amended to read:
SB275-AA23,10,1916
11.31
(1) (g) (intro.) In any jurisdiction or district, other than
the Fox Valley
17technical college district or a judicial district or circuit, with a population of 500,000
18or more according to the most recent federal census covering the entire jurisdiction
19or district:
SB275-AA23,10,2221
17.01
(10m) By a member of the Fox Valley technical college district board, to
22the secretary of the district board.
SB275-AA23,11,3
117.02
(2) Fox Valley technical college district board. Of the resignation of
2a member of the Fox Valley technical college district board, by the secretary of the
3district board to the government accountability board.
SB275-AA23,11,75
17.17
(2) Fox Valley technical college district board. In the office of member
6of the Fox Valley technical college district board, by the secretary of the district board
7to the government accountability board.
SB275-AA23, s. 28
8Section 28. 17.27 (3) of the statutes is repealed and recreated to read:
SB275-AA23,11,179
17.27
(3) Fox Valley technical college district board. Except as provided
10in s. 9.10, a vacancy in the office of member of the Fox Valley technical college district
11board may be filled by temporary appointment of the remaining members of the
12district board. The temporary appointee shall serve until a successor is elected and
13qualifies. If the vacancy occurs in any year after the first Tuesday in April and on
14or before December 1, the vacancy shall be filled for the residue of the unexpired
15term, if any, at the succeeding spring election. If the vacancy occurs in any year after
16December 1 or on or before the first Tuesday in April, the vacancy shall be filled for
17the residue of the unexpired term, if any, at the 2nd succeeding spring election.
SB275-AA23,11,2119
38.06
(6) Promptly upon issuance of a reorganization order for the Fox Valley
20technical college district by the board, the director of the board shall transmit a copy
21of the order to the government accountability board.
SB275-AA23,12,323
38.08
(1) (a) 1.
A Except as provided in subd. 1m., a district board shall
24administer the district and shall be composed of 9 members who are residents of the
25district, including 2 employers, 2 employees, 3 additional members, a school district
1administrator, as defined under s. 115.001 (8), and one elected official who holds a
2state or local office, as defined in s. 5.02. The board shall by rule define "employer"
3and "employee" for the purpose of this subdivision.
SB275-AA23,12,95
38.08
(1) (a) 1m. The members of the Fox Valley district board shall be elected
6to represent numbered election districts within the Fox Valley technical college
7district by the electors of each election district at the spring election. Each member
8of the district board shall be an elector of the numbered election district within the
9technical college district for which he or she seeks office.
SB275-AA23,12,1211
38.08
(1) (b)
District Except as provided in par. (c), district board members shall
12take office on July 1 and shall serve staggered 3
-year terms.
SB275-AA23,12,2014
38.08
(1) (c) District board members in the Fox Valley technical college district
15shall serve 4-year terms. Promptly upon receipt of the determinations from the
16government accountability board under s. 7.70 (6) and upon appointment of any
17person to fill a temporary vacancy on the district board, the secretary of the Fox
18Valley technical college district board shall send written notification of the name and
19address of each member and expiration date of each member's term to the director
20of the technical college system board.
SB275-AA23, s. 35
22Section 35. 38.08 ((2) and (2m) of the statutes are amended to read:
SB275-AA23,13,323
38.08
(2) Members of a district board
other than the Fox Valley technical
24college district board shall serve until their successors are appointed and qualified.
25A vacancy shall be filled for any unexpired term of more than 90 days in the manner
1provided for the making of original appointments in s. 38.10, except that if a vacancy
2occurs within 120 days preceding a spring election, the vacancy need not be filled
3until 60 days after the spring election, in the manner provided in s. 38.10.
SB275-AA23,13,6
4(2m) Any member of a district board
other than the Fox Valley technical college
5district board serving as an elected official under sub. (1) (a) 1. shall cease to be a
6member upon vacating his or her office as an elected official.
SB275-AA23,13,208
38.08
(6) (a) Within 90 days after the population count by block, established
9in the decennial federal census of population, and maps showing the location and
10numbering of census blocks become available in printed form from the federal
11government or are published for distribution by an agency of this state or within 90
12days after alteration of the boundaries of an existing district, the district board of the
13Fox Valley technical college district shall apportion and prescribe the boundaries of
149 numbered election districts within the district, to be as nearly equal in population
15as possible. Alterations in election districts resulting from boundary changes to the
16existing district may be made only to the extent required to facilitate the change.
17Insofar as possible, each election district shall be compact and observe the
18community of interest of existing neighborhoods. A detailed map and description of
19each election district prescribed by the district board shall be prepared and
20transmitted by the district board to the director of the technical college system board.