AB381: Bill Text

LRB-3310/3

MES:jrd:ch

1995 - 1996 LEGISLATURE

1995 Assembly BILL 381

May 18, 1995 - Introduced by Representatives Duff, Schneiders, Urban, Foti, Albers, Freese, Underheim, Kaufert, Huebsch, Lazich, Hoven, Powers, Jensen, Goetsch and Grothman, cosponsored by Senators Farrow, Panzer, Adelman, Schultz, Rude, Huelsman and Fitzgerald. Referred to Committee on Environment and Utilities.

AB381,1,7 An Act to repeal 66.882 (2) (a) 1. to. 6., 66.884 (1) (a) 2. and 3., 66.884 (7) and 66.884 (8); to renumber and amend 66.882 (2) (a) (intro.); to consolidate, renumber and amend 66.884 (1) (a) (intro.) and 1.; to amend 66.882 (2) (intro.), 66.882 (2) (b), 66.884 (1) (b), 66.884 (1) (c), 66.884 (2), 66.884 (3), 66.884 (6), 66.886 (1), 66.886 (2) (a) 2. and 66.888 (2) (b); to repeal and recreate 66.882 (2) (c); and to create 66.882 (2) (bm) of the statutes; relating to: the reorganization of the Milwaukee Metropolitan Sewerage District commission.

AB381,1,8 Analysis by the Legislative Reference Bureau

Under current law, there are 11 members of the Milwaukee Metropolitan Sewerage District (MMSD) commission. Seven of the commissioners are appointed by the mayor of Milwaukee and 3 of those 7 must be elected officials. The other 4 commissioners are appointed by an executive council composed of the elected executive officer of each city, village and town that is wholly or partly within the boundaries of the district, except for Milwaukee.

Under this bill, the commission consists of 5 members. One member is appointed by the mayor of Milwaukee, one is appointed by an executive council that consists of the elected executive officers of each city, village or town that is wholly or partly within Milwaukee County, one is appointed by an executive council that consists of the elected executive officers of each city, village or town that is served by the district and is outside of Milwaukee County and 2 are appointed by the governor. No commissioners may be elected officials.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

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

AB381, s. 1 Section 1. 66.882 (2) (intro.) of the statutes is amended to read:

AB381,2,4 66.882 (2) Composition of the commission. (intro.) The commission is composed of 11 5 members, of the public who do not hold elective office and who are appointed as follows:

AB381, s. 2 Section 2. 66.882 (2) (a) (intro.) of the statutes is renumbered 66.882 (2) (a) and amended to read:

AB381,2,19 66.882 (2) (a) Except as provided in s. 66.884 (7), the The mayor of the 1st class city shall appoint 7 individuals as members one member of the commission, each of whom. The appointee shall have his or her principal residence in the 1st class city. Three of the commissioners appointed under this paragraph shall be elected officials Each commissioner appointed under this paragraph and may take his or her seat immediately upon appointment, pending confirmation or rejection by a majority of the members-elect of the common council. An appointee whose confirmation is pending may act within the scope of authority of a commissioner until the mayor withdraws the appointment or the common council rejects the appointment, whichever is earlier. The mayor shall withdraw any appointment that the common council rejects and may only resubmit the appointment for confirmation after at least one subsequent appointment is rejected. For the purposes of this paragraph, "elected official" means:

AB381, s. 3 Section 3. 66.882 (2) (a) 1. to. 6. of the statutes are repealed.

AB381, s. 4 Section 4. 66.882 (2) (b) of the statutes is amended to read:

AB381,3,9 66.882 (2) (b) Except as provided in s. 66.884 (7), an An executive council composed of the elected executive officer of each city, village and town that is wholly or partly within the boundaries of the district under s. 66.888 (1), except a 1st class city, shall appoint 4 members one member of the commission by a majority vote of the members of the executive council. Each of these members The appointee shall have his or her principal residence within the district but outside the 1st class city. Three of these members shall be elected officials. Each Milwaukee County. The commissioner appointed under this paragraph may take his or her seat immediately upon appointment.

AB381, s. 5 Section 5. 66.882 (2) (bm) of the statutes is created to read:

AB381,3,17 66.882 (2) (bm) An executive council composed of the elected executive officer of each city, village and town that is served by the district and is outside of Milwaukee County shall appoint one member of the commission by a majority vote of the members of the executive council. The appointee shall have his or her principal residence within a municipality that is served by the district but outside of Milwaukee County. The commissioner appointed under this paragraph may take his or her seat immediately upon appointment.

AB381, s. 6 Section 6. 66.882 (2) (c) of the statutes is repealed and recreated to read:

AB381,3,23 66.882 (2) (c) The governor shall appoint two members of the commission. One appointee under this paragraph may not be a resident of any city, village or town that is served by the district and shall have knowledge or expertise in providing sewer services. One appointee under this paragraph shall have his or her principal residence within a city, village or town that is served by the district.

AB381, s. 7 Section 7. 66.884 (1) (a) (intro.) and 1. of the statutes are consolidated, renumbered 66.884 (1) (a) and amended to read:

AB381,4,4 66.884 (1) (a) Except as provided in par. (b) and sub. (8): 1. Each (c), each commissioner appointed by the mayor of the 1st class city under s. 66.882 (2) (a) who is not an elected officer serves for a 3-year 6-year term or until a successor is appointed, whichever is later.

AB381, s. 8 Section 8. 66.884 (1) (a) 2. and 3. of the statutes are repealed.

AB381, s. 9 Section 9. 66.884 (1) (b) of the statutes is amended to read:

AB381,4,8 66.884 (1) (b) Each term commences on the 2nd Tuesday of July. No Subject to par. (a), no commissioner may serve more than 9 12 consecutive years.

AB381, s. 10 Section 10. 66.884 (1) (c) of the statutes is amended to read:

AB381,4,18 66.884 (1) (c) Of the initial commissioners who are not elected officers, the commissioner appointed by the mayor of the 1st class city under s. 66.882 (2) (a), one commissioner has a term of one year, one commissioner has a term the commissioners appointed by the executive councils under s. 66.882 (2) (b) and (bm) have terms of 2 years and 2 commissioners have one of the commissioners appointed by the governor under s. 66.882 (2) (c) has a term of 2 years and the other has a term of 3 years. One of the initial commissioners appointed by the executive council under s. 66.882 (2) (b) has a term of one year, one of the initial commissioners has a term of 2 years and 2 of the initial commissioners have terms of 3 years.

AB381, s. 11 Section 11. 66.884 (2) of the statutes is amended to read:

AB381,4,25 66.884 (2) Successors. The mayor shall appoint successors to commissioners appointed under s. 66.882 (2) (a) and the. The executive council councils shall appoint successors to commissioners appointed under s. 66.882 (2) (b) and (bm), as provided in s. 66.882. The governor shall appoint successors to the commissioners appointed under s. 66.882 (2) (c). Each successor shall be appointed at least 6 weeks before the expiration of the preceding commissioner's term.

AB381, s. 12 Section 12. 66.884 (3) of the statutes is amended to read:

AB381,5,11 66.884 (3) (title) Change of residence or loss of elected, status as an elected official. Any commissioner appointed under s. 66.882 (2) (a) who moves his or her principal residence outside the 1st class city and, any commissioner appointed under s. 66.882 (2) (b) who moves his or her principal residence outside the district or into the 1st class city Milwaukee County and any commissioner appointed under s. 66.882 (2) (bm) who moves his or her principal residence into Milwaukee County shall resign. Any commissioner who is becomes an elected official and who is not reelected or who otherwise leaves the elected office may serve not more than an additional 90 days after leaving taking office or until a successor is appointed, whichever occurs first.

AB381, s. 13 Section 13. 66.884 (6) of the statutes is amended to read:

AB381,5,19 66.884 (6) Expenses; salary. Each commissioner, including any commissioner who serves as a member of the legislature, shall receive actual and necessary expenses incurred while in the performance of the duties of the office and, in addition, shall receive a salary in an amount the commission specifies by resolution. Any change in salary after its initial establishment applies only to subsequently appointed or reappointed commissioners. The salary shall be paid at the time and in the same manner that the salaries of employes of the commission are paid.

AB381, s. 14 Section 14. 66.884 (7) of the statutes is repealed.

AB381, s. 15 Section 15. 66.884 (8) of the statutes is repealed.

AB381, s. 16 Section 16. 66.886 (1) of the statutes is amended to read:

AB381,6,2 66.886 (1) Quorum. Six Four commissioners constitute a quorum for the transaction of business. If after reapportionment under s. 66.884 (7) the number of commissioners is increased to 12 or 13, 7 commissioners constitute a quorum. If after reapportionment under s. 66.884 (7) the number of commissioners is reduced to 9 or 10, 5 commissioners constitute a quorum.

AB381, s. 17 Section 17. 66.886 (2) (a) 2. of the statutes is amended to read:

AB381,6,6 66.886 (2) (a) 2. No resolution adopted by the commission under s. 67.12 (1) (b) is valid unless adopted by an affirmative vote of at least a three-fourths two-thirds majority of all commissioners.

AB381, s. 18 Section 18. 66.888 (2) (b) of the statutes is amended to read:

AB381,6,9 66.888 (2) (b) The name of a district created under s. 66.882 (1) (b) is the Milwaukee metropolitan sewerage district Metropolitan Sewerage District.

AB381, s. 19 Section 19. Nonstatutory provisions.

AB381,6,14 (1)  The terms of all commissioners of the Milwaukee Metropolitan Sewerage District who were appointed under section 66.882 (2), 1993 stats., shall end on July 1, 1995 or the date on which all of the commissioners who are appointed under section 66.882 (2) of the statutes, as affected by this act, are confirmed, whichever is later.

AB381, s. 20 Section 20. Effective date.

AB381,6,17 (1)  This act takes effect on July 1, 1995 or on the day after publication, whichever is later.

AB381,6,18 (End)