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LRB-3999/1
EVM:med:jf
2011 - 2012 LEGISLATURE
February 6, 2012 - Introduced by Senators Cowles and Hansen, cosponsored by
Representatives Nygren, Mursau, A. Ott, Rivard and Spanbauer. Referred to
Committee on Natural Resources and Environment.
SB435,1,3 1An Act to amend 88.17 (1), 88.17 (2d), 88.17 (2h) (intro.), 88.17 (2p), 88.17 (4),
288.17 (9) and 88.29 (1); and to create 88.01 (4m) and 88.01 (4t) of the statutes;
3relating to: appointment of a drainage board.
Analysis by the Legislative Reference Bureau
Under current law, members of a drainage board are appointed by the circuit
court having jurisdiction over the board. Under this bill, members of a drainage
board are appointed by the county land conservation committee of the county in
which the drainage board has jurisdiction. Appointments to the drainage board by
the land conservation committee are subject to the approval of the county board.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB435, s. 1 4Section 1. 88.01 (4m) of the statutes is created to read:
SB435,1,65 88.01 (4m) "County board" means the board of supervisors of the county in
6which the drainage board having jurisdiction over the drainage district is located.
SB435, s. 2 7Section 2. 88.01 (4t) of the statutes is created to read:
SB435,2,4
188.01 (4t) "County land conservation committee" means the land conservation
2committee of the county in which the drainage district is located or the land
3conservation committee having jurisdiction over the proceedings in any drainage
4district located in more than one county.
SB435, s. 3 5Section 3. 88.17 (1) of the statutes is amended to read:
SB435,2,166 88.17 (1) The court county land conservation committee, with the approval of
7the county board,
shall appoint a drainage board either upon the filing of notification
8by the court that
a petition for organization of a drainage district under this chapter
9in a county that does not already have a drainage board has been filed or upon the
10filing of a petition by a landowner in a drainage district or the state drainage
11engineer for appointment of a drainage board in a county that already has a drainage
12district. The board shall consist of 3 persons. One member of the original board shall
13be appointed for a term of one year, one for 2 years, and one for 3 years. Upon the
14expiration of the term of office of a board member, the court committee, with the
15approval of the county board,
shall appoint a successor for a 3-year term in the same
16manner as the original appointment was made.
SB435, s. 4 17Section 4. 88.17 (2d) of the statutes is amended to read:
SB435,2,2518 88.17 (2d) The board shall notify the court county land conservation committee
19if any position on the board becomes vacant and the court committee, with the
20approval of the county board,
shall appoint a successor. The board shall notify the
21court committee if the size of the board is increased under sub. (2) and the court
22committee, with the approval of the county board, shall appoint the additional board
23members. If a position on the board remains vacant for more than 6 months, either
24the state drainage engineer or any landowner in a drainage district subject to the
25jurisdiction of the board may petition the court committee to appoint a successor.
SB435, s. 5
1Section 5. 88.17 (2h) (intro.) of the statutes is amended to read:
SB435,3,32 88.17 (2h) (intro.) The court county land conservation committee shall appoint
3drainage board members from among persons recommended by any of the following:
SB435, s. 6 4Section 6. 88.17 (2p) of the statutes is amended to read:
SB435,3,95 88.17 (2p) In appointing members, the court county land conservation
6committee
shall attempt to assure that at least one of the members serving on the
7drainage board at any time is an experienced farmer who is familiar with drainage
8and that another of the members is familiar to some extent with drainage
9engineering.
SB435, s. 7 10Section 7. 88.17 (4) of the statutes is amended to read:
SB435,3,1611 88.17 (4) Ownership of or interest in lands sought to be drained does not
12disqualify a person from acting as a member of the drainage board, but any board
13member may request the court county land conservation committee to, and the court
14committee may in its discretion, appoint a suitable person to act in a member's place
15when the board is considering matters pertaining to the particular drainage district
16in which the member is interested.
SB435, s. 8 17Section 8. 88.17 (9) of the statutes is amended to read:
SB435,3,1918 88.17 (9) The court county land conservation committee may by order abolish
19the drainage board if there no longer are any drainage districts in the county.
SB435, s. 9 20Section 9. 88.29 (1) of the statutes is amended to read:
SB435,4,221 88.29 (1) Upon receipt of a petition for organization of a drainage district the
22court or judge by order shall refer the petition to the drainage board and order the
23board to report thereon. If the petition is filed in a county that does not have a
24drainage board, the court shall notify the county land conservation committee of the

1petition and stay proceedings until a drainage board has been appointed under s.
288.17 (1).
SB435, s. 10 3Section 10. Initial applicability.
SB435,4,54 (1) This act first applies to a petition filed on the effective date of this
5subsection.
SB435,4,66 (End)
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