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ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 325
September 11, 2015 - Offered by Representative Weatherston.
AB325-ASA1,1,8 1An Act to repeal 17.26 (1m) (a); to renumber 17.26 (intro.), 17.26 (2) and 17.26
2(4); to renumber and amend 17.26 (1) and 120.42 (1m) (b); to consolidate,
3renumber and amend
17.26 (1m) (intro.) and (b); to amend 17.26 (3), 120.06
4(7) (b) and 120.42 (3); and to create 17.26 (1m) and 120.12 (28) of the statutes;
5relating to: filling certain vacancies on school boards of common, union high,
6and unified school districts, requiring a primary for the election of school board
7members to certain election districts, and requiring adoption of an
8apportionment plan after the decennial census.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB325-ASA1,1 9Section 1. 17.26 (intro.) of the statutes is renumbered 17.26 (1g) (intro.).
AB325-ASA1,2 10Section 2. 17.26 (1) of the statutes is renumbered 17.26 (1g) (a) and amended
11to read:
AB325-ASA1,2,11
117.26 (1g) (a) In Except as provided in sub. (1m), in a common, union high, or
2unified school district, by appointment by the remaining members. Each An
3appointee under this paragraph or sub. (1m) shall hold office until a successor is
4elected and takes office under s. 120.06 (4) or 120.42 (2). When a vacancy occurs in
5the office of a board member who is in the last year of his or her term, or when a
6vacancy occurs after the spring election but on or before the last Tuesday in
7November in the office of a board member who is not in the last year of his or her term,
8the successor shall be elected at the next spring election. When a vacancy occurs
9after the last Tuesday in November and on or before the date of the next spring
10election in the office of a board member who is not in the last year of his or her term,
11the successor shall be elected at the 2nd following spring election.
AB325-ASA1,3 12Section 3. 17.26 (1m) (intro.) and (b) of the statutes, as created by 2015
13Wisconsin Act .... (this act), are consolidated, renumbered 17.26 (1m) and amended
14to read:
AB325-ASA1,2,1915 17.26 (1m) If the remaining members of a school board do not appoint an
16individual to fill a vacancy under sub. (1g) (a) within 60 days of the date on which the
17vacancy first exists, all of the following apply: (b) Subject to par. (a), the remaining
18members of the school board shall fill the vacancy in accordance with the school
19board's policy under s. 120.12 (28).
AB325-ASA1,4 20Section 4. 17.26 (1m) of the statutes is created to read:
AB325-ASA1,2,2421 17.26 (1m) If the remaining members of the school board of a common, union
22high, or unified school district do not appoint an individual to fill a vacancy under
23sub. (1g) (a) within 60 days of the date on which the vacancy first exists, all of the
24following apply:
AB325-ASA1,3,4
1(a) If the vacancy is in a unified school district that encompasses a city with a
2population greater than 75,000 but less than 100,000 and that encompasses at least
32 villages, the school board president of the unified school district may appoint an
4individual to fill the vacancy.
AB325-ASA1,3,65 (b) Subject to par. (a), the remaining members of the school board may fill the
6vacancy in accordance with the school board's policy under s. 120.12 (28).
AB325-ASA1,5 7Section 5. 17.26 (1m) (a) of the statutes, as created by 2015 Wisconsin Act ....
8(this act), is repealed.
AB325-ASA1,6 9Section 6. 17.26 (2) of the statutes is renumbered 17.26 (1g) (b).
AB325-ASA1,7 10Section 7 . 17.26 (3) of the statutes is amended to read:
AB325-ASA1,3,1411 17.26 (3) Any person selected under sub. (1) (1g) (a) or (1m), upon being notified
12of his or her selection, shall be deemed to have accepted the selection unless within
135 days after notification he or she files with the clerk or director a written refusal to
14serve.
AB325-ASA1,8 15Section 8. 17.26 (4) of the statutes is renumbered 17.26 (1g) (c).
AB325-ASA1,9 16Section 9. 120.06 (7) (b) of the statutes is amended to read:
AB325-ASA1,4,217 120.06 (7) (b) The school board shall require a primary election if there are
18more than 2 candidates for any seat on a 3-member board or more than twice as
19many candidates as there are members to be elected to an unnumbered school board
20of more than 3 members. In school districts in which a plan of apportionment of
21school board members under s. 120.02 (2), an apportionment plan that apportions
22the territory of the school district into election districts under s. 120.42 (1m),
or a plan
23for election of school board members to numbered seats has been adopted, the school
24board shall require a primary election for particular apportioned areas for which
25there are more than twice as many candidates as there are members to be elected and

1for any numbered seat for which there are more than 2 candidates. When there is
2a primary election it shall be held in conjunction with the spring primary.
AB325-ASA1,10 3Section 10. 120.12 (28) of the statutes is created to read:
AB325-ASA1,4,74 120.12 (28) School board vacancies. By July 1, 2016, adopt a policy on how
5the school board will fill a vacancy on the school board if the remaining school board
6members do not fill the vacancy under s. 17.26 (1g) (a) within 60 days of the date on
7which the vacancy first exists.
AB325-ASA1,11 8Section 11. 120.42 (1m) (b) of the statutes, as created by 2015 Wisconsin Act
955
, is renumbered 120.42 (1m) (b) (intro.) and amended to read:
AB325-ASA1,4,1210 120.42 (1m) (b) (intro.) Within The school board shall adopt a district
11apportionment plan that apportions the territory of the school district into election
12districts pursuant to the representation plan as follows:
AB325-ASA1,4,14 131. Within 60 days after establishing the representation plan under par. (a), and
14decennially thereafter within
.
AB325-ASA1,4,21 152. Within 60 days after the population count by census block, established in the
16decennial federal census of population, and maps showing the location and
17numbering of census blocks become available in printed form from the federal
18government or are published for distribution by an agency of this state, the school
19board shall adopt a district apportionment plan that apportions the territory of the
20school district into election districts pursuant to the representation plan
and
21decennially thereafter
.
AB325-ASA1,12 22Section 12. 120.42 (3) of the statutes is amended to read:
AB325-ASA1,4,2423 120.42 (3) All vacancies shall be filled by appointment, in accordance with s.
2417.26 (1) (1g) (a) or (1m).
AB325-ASA1,13
1Section 13. Effective dates. This act takes effect on the day after publication,
2except as follows:
AB325-ASA1,5,53 (1) School board president; power to fill a vacancy. The repeal of section
417.26 (1m) (a) of the statutes and the consolidation, renumbering, and amendment
5of section 17.26 (1m) (intro.) and (b) of the statutes take effect on April 12, 2016.
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