Amendment ASA2-AB603

LRBs0682/2

JTK&PG:cjs:rs

2005 - 2006 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 2, TO 2005 ASSEMBLY BILL 603

April 19, 2006 - Offered by Representative Kreibich.

AB603-ASA2,2,2 An Act to repeal 38.04 (15), 38.08 (1g), (2) and (2m) and 38.10; to renumber and amend 38.12 (5m); to amend 5.02 (3), (5) and (23), 5.58 (3), 5.60 (1) (title), 5.60 (1) (b), 7.60 (4) (a) and (5) (a), 7.70 (3) (d), 9.10 (1) (a), 9.10 (2) (b), 9.10 (3) (a), 9.10 (4) (a), (d) and (7), 11.26 (1) (c), 11.26 (2) (c), 11.31 (1) (f), 11.31 (1) (g) (intro.), 38.08 (1) (b) and 65.90 (5) (a); to repeal and recreate 17.27 (3) and 38.08 (1) (a); and to create 5.58 (2s), 5.60 (1) (am), 7.70 (6), 8.10 (3) (ae), 8.11 (6), 17.01 (10m), 17.02 (2), 17.17 (2), 38.06 (6), 38.08 (1) (c), 38.08 (6), 38.12 (5m) (b), 38.12 (5m) (c) and 65.90 (5) (c) of the statutes; relating to: popular election of technical college district boards, requiring that a technical college district board's annual budget be approved by county board chairpersons, providing an exemption from and extending the time limit for emergency rule procedures, and granting rule-making authority.

Analysis by the Legislative Reference Bureau

Election of technical college district boards.

Currently, the technical college system is managed on the local level by district boards consisting of nine members in each of the state's 16 technical college districts. The members of the technical college district board for each district are appointed by an appointment committee consisting of local elected officials in accordance with a representation plan based upon population distribution within the district, including distribution of women and minorities. All members of district boards must be residents of the district. Two members must be employers and two members must be employees. One member must be a school district administrator of a school district that lies within the technical college district. All members serve for three-year terms.

This bill provides for the election of all members of district boards from election districts within each technical college district on a nonpartisan ballot at the spring election. Each member must be an elector of the election district from which he or she is elected. Terms are changed to four years. Under the bill, current district board members serve until July 1, 2007, at which time district board members who are elected at the 2007 spring election take office. The terms of the members are staggered so that at least two are elected every year. Nomination paper signature requirements, contribution limits, and spending guidelines are the same as for the office of representative to the assembly. Candidates for the district board are not eligible to receive public grants to finance their campaigns.

Approval of budgets by county board chairpersons.

Current law requires each technical college district board to prepare its annual budget in compliance with administrative rules promulgated by the state Technical College System Board. The district board must publish a budget summary and hold a public hearing on the budget.

This bill requires, in addition, that the district board submit its proposed budget to the county board chairpersons of the counties that have territory within the district for their approval. The budget in effect in the current fiscal year continues in effect in the subsequent fiscal year until the county board chairpersons approve the district board's proposed budget.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB603-ASA2, s. 1 Section 1. 5.02 (3), (5) and (23) of the statutes are amended to read:

AB603-ASA2,3,2 5.02 (3) "Educational officer" means the state superintendent, a member of a technical college district board, and a school board members member.

AB603-ASA2,3,8 (5) "General election" means the election held in even-numbered years on the Tuesday after the first Monday in November to elect United States senators, representatives in congress, presidential electors, state senators, representatives to the assembly, district attorneys, state officers other than the state superintendent, members of the technical college district boards, and judicial officers, and county officers other than supervisors and county executives.

AB603-ASA2,3,13 (23) "State office" means the offices of governor, lieutenant governor, secretary of state, state treasurer, attorney general, state superintendent, justice of the supreme court, court of appeals judge, circuit court judge, state senator, state representative to the assembly and, district attorney, and member of a technical college district board.

AB603-ASA2, s. 2 Section 2. 5.58 (2s) of the statutes is created to read:

AB603-ASA2,3,19 5.58 (2s) Technical college district board. When required, there shall be a separate ballot for member of a technical college district board. Arrangement of the names on the ballot shall be determined by the elections board under s. 5.60 (1) (b). The ballot shall be titled "Official Primary Ballot for .... (name of district) Technical College District Board."

AB603-ASA2, s. 3 Section 3. 5.58 (3) of the statutes is amended to read:

AB603-ASA2,4,12 5.58 (3) Names on spring ballot. Only 2 candidates for state superintendent, for any judicial office, for any elected seat on a metropolitan sewerage commission or town sanitary district commission, for member of a technical college district board from any election district, in counties having a population of 500,000 or more only 2 candidates for member of the board of supervisors within each district, in counties having a population of less than 500,000 only 2 candidates for each member of the county board of supervisors from each district or numbered seat or only 4 candidates for each 2 members of the county board of supervisors from each district whenever 2 supervisors are elected to unnumbered seats from the same district, in 1st class cities only 2 candidates for any at-large seat and only 2 candidates from any election district to be elected to the board of school directors, in school districts electing school board members to numbered seats, or pursuant to an apportionment plan or district representation plan, only 2 school board candidates for each numbered seat or within each district, and twice as many candidates as are to be elected members of other school boards or other elective officers receiving the highest number of votes at the primary shall be nominees for the office at the spring election. Only their names shall appear on the official spring ballot.

AB603-ASA2, s. 4 Section 4. 5.60 (1) (title) of the statutes is amended to read:

AB603-ASA2,4,15 5.60 (1) (title) State superintendent Nonpartisan state officers; judiciary; county executive and county supervisors supervisor.

AB603-ASA2, s. 5 Section 5. 5.60 (1) (am) of the statutes is created to read:

AB603-ASA2,4,20 5.60 (1) (am) There shall be a separate ballot for the seat of each member of the technical college district board in the election district when so required. The elections board shall determine the official ballot arrangement for technical college district board candidates by using the same method as that used under par. (b).

AB603-ASA2, s. 6 Section 6. 5.60 (1) (b) of the statutes is amended to read:

AB603-ASA2,5,7 5.60 (1) (b) The board shall certify the candidates' names and designate the official ballot arrangement for candidates for state superintendent, justice, court of appeals judge, member of a technical college district board, circuit judge and, if commissioners are elected under s. 200.09 (11) (am), the metropolitan sewerage commission. The arrangement of names of all candidates on the ballot whose nomination papers are filed with the board shall be determined by the board by the drawing of lots not later than the 2nd Tuesday in January, or the next day if the first Tuesday is a holiday. Whenever a primary is held for an office, a 2nd drawing of all candidates for that office shall be held by or under the supervision of the board not later than the 3rd day following the completion of the primary canvass to determine the arrangement of candidates on the election ballot.

AB603-ASA2, s. 7 Section 7. 7.60 (4) (a) and (5) (a) of the statutes are amended to read:

AB603-ASA2,6,4 7.60 (4) (a) The board of canvassers shall make separate duplicate statements showing the numbers of votes cast for the offices of president and vice president; state officials; U.S. senators and representatives in congress; state legislators; justice; court of appeals judge; members of the technical college district boards; circuit judges; district attorneys; and metropolitan sewerage commissioners, if the commissioners are elected under s. 200.09 (11) (am). If a municipal judge elected under s. 755.01 (4) serves a municipality that is located partially within the county and candidates for that judgeship file nomination papers in another county, the board of canvassers shall prepare a duplicate statement showing the numbers of votes cast for that judgeship in that county for transmittal to the other county. For partisan candidates, the statements shall include the political party or principle designation, if any, next to the name of each candidate. The board of canvassers shall also prepare a statement showing the results of any county, technical college district or statewide referendum. Each statement shall state the total number of votes cast in the county for each office; the names of all persons for whom the votes were cast, as returned; the number of votes cast for each person; and the number of votes cast for and against any question submitted at a referendum. The board of canvassers shall use one copy of each duplicate statement to report to the elections board, technical college district board or board of canvassers of any other county and shall file the other statement in the office of the county clerk or board of election commissioners.

AB603-ASA2,6,21 (5) (a) Immediately following the canvass, the county clerk shall deliver or send to the elections board, by 1st class mail, a certified copy of each statement of the county board of canvassers for president and vice president, state officials, senators and representatives in congress, state legislators, justice, court of appeals judge, members of the technical college district boards, circuit judge, district attorney, and metropolitan sewerage commissioners, if the commissioners are elected under s. 200.09 (11) (am). The statement shall record the returns for each office or referendum by ward, unless combined returns are authorized under s. 5.15 (6) (b) in which case the statement shall record the returns for each group of combined wards. Following primaries the county clerk shall enclose on forms prescribed by the elections board the names, party or principle designation, if any, and number of votes received by each candidate recorded in the same manner. The county clerk shall deliver or transmit the certified statement to the elections board no later than 7 days after each primary and no later than 10 days after any other election. The board of canvassers shall deliver or transmit a certified copy of each statement for any technical college district referendum to the secretary of the technical college district board.

AB603-ASA2, s. 8 Section 8. 7.70 (3) (d) of the statutes is amended to read:

AB603-ASA2,7,9 7.70 (3) (d) When the certified statements and returns are received, the chairperson of the board or the chairperson's designee shall proceed to examine and make a statement of the total number of votes cast at any election for the offices involved in the election for president and vice president; a statement for each of the offices of governor, lieutenant governor, if a primary, and a joint statement for the offices of governor and lieutenant governor, if a general election; a statement for each of the offices of secretary of state, state treasurer, attorney general, and state superintendent; for U.S. senator; representative in congress for each congressional district; the state legislature; justice; court of appeals judge; technical college district board member; circuit judge; district attorney; metropolitan sewerage commission, if the commissioners are elected under s. 200.09 (11) (am); and for any referenda questions submitted by the legislature.

AB603-ASA2, s. 9 Section 9. 7.70 (6) of the statutes is created to read:

AB603-ASA2,7,14 7.70 (6) Technical college district board members; determinations. The elections board shall transmit to the secretary of the district board a copy of the certified determination of the chairperson of the elections board or his or her designee for the election of each member of any technical college district board.

AB603-ASA2, s. 10 Section 10. 8.10 (3) (ae) of the statutes is created to read:

AB603-ASA2,7,17 8.10 (3) (ae) For the office of member of the technical college district board from any election district, not less than 200 nor more than 400 electors.

AB603-ASA2, s. 11 Section 11. 8.11 (6) of the statutes is created to read:

AB603-ASA2,7,21 8.11 (6) Technical college district board members. A primary shall be held in an election for any seat on a technical college district board whenever there are more than 2 candidates in any election district.

AB603-ASA2, s. 12 Section 12. 9.10 (1) (a) of the statutes is amended to read:

AB603-ASA2,8,3 9.10 (1) (a) The qualified electors of the state, of any county, city, village, town, of any congressional, legislative, judicial, technical college, or school district, 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.

AB603-ASA2, s. 13 Section 13. 9.10 (2) (b) of the statutes is amended to read:

AB603-ASA2,8,7 9.10 (2) (b) A recall petition for a city, village, town, technical college district, 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.

AB603-ASA2, s. 14 Section 14. 9.10 (3) (a) of the statutes is amended to read:

AB603-ASA2,8,12 9.10 (3) (a) This subsection applies to the recall of all elective officials other than city, village, town, technical college district, and school district officials. City, village, town, technical college district, and school district officials are recalled under sub. (4).

AB603-ASA2, s. 15 Section 15. 9.10 (4) (a), (d) and (7) of the statutes are amended to read:

AB603-ASA2,9,16 9.10 (4) (a) Within 10 days after a petition for the recall of a city, village, town, technical college district, 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 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 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 cities over 500,000 population and in technical college districts, the municipal clerk or school district clerk official shall transmit the petition to the governing body or to the school board. 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 sufficient, in technical college districts, the elections board shall file the petition in its office.

AB603-ASA2,9,22 (d) Promptly upon receipt of a certificate under par. (a), the governing body, school board, or board of election commissioners, 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.