SB267: Bill Text

LRB-1700/2

JTK:kaf:lp

1997 - 1998 LEGISLATURE

1997 Senate BILL 267

July 24, 1997 - Introduced by Senator Roessler. Referred to Committee on Education.

SB267,1,7 An Act to renumber and amend 120.02 (3) (e); to amend 5.58 (3), 17.26 (1), 120.02 (1), 120.02 (2) (a), 120.02 (2) (b), 120.02 (3) (a) 3., 120.02 (3) (b), 120.02 (3) (c), 120.02 (4), 120.06 (2), 120.06 (3), 120.06 (7) (b), 120.06 (12) and 120.42 (1) (a); and to create 5.15 (2) (f) 5., 5.58 (1g) (bm), 5.60 (4) (bm), 117.09 (6), 117.11 (6), 117.12 (6), 117.13 (4), 117.132 (5), 120.02 (3) (e) 2. and 120.045 of the statutes; relating to: election of school board members from apportioned areas by the electors of those areas.

Analysis by the Legislative Reference Bureau

Currently, school districts other than 1st class city school districts elect school board members at large. Members may be elected to unnumbered seats, in which those candidates who receive the greatest numbers of votes on a district-wide basis are elected, to numbered seats, in which those candidates who receive the greatest numbers of votes on a district-wide basis for each numbered seat are elected, or from apportioned areas, in which those candidates residing in each apportioned area who receive the greatest numbers of votes on a district-wide basis are elected. Apportioned areas need not be equal in population.

This bill provides that when a school district elects school board members from apportioned areas, only the electors of each apportioned area may vote in the election to determine the winner from that area. To facilitate the change, all school districts which, on October 1, 1998, elect school board members from apportioned areas must reapportion the boundaries of their apportioned areas so that each apportioned area consists of contiguous whole wards or municipalities and is equal in population, insofar as practicable. The terms of all school board members in such districts expire on the 4th Monday in April of 1999 and new school board members are elected from the reapportioned areas at the 1999 spring election. In a unified school district in which the school board receives a valid petition by October 1, 1998, requesting discontinuance of the election of school board members from apportioned areas, the bill provides for a referendum to be held on that question at the 1999 spring election and for implementation to occur at the 2000 spring election if the question is rejected.

The bill also requires all school districts which elect school board members from apportioned areas to reapportion the boundaries of their apportioned areas following each federal decennial census to maintain population equality.

For further information see the 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:

SB267, s. 1 Section 1. 5.15 (2) (f) 5. of the statutes is created to read:

SB267,2,4 5.15 (2) (f) 5. That part of a school district required to create an apportioned area under s. 120.02 (2) that has a population which is as nearly as practicable equal to other apportioned areas in the school district.

SB267, s. 2 Section 2. 5.58 (1g) (bm) of the statutes is created to read:

SB267,2,9 5.58 (1g) (bm) In a common, union high or unified school district that elects school board members from apportioned areas, there shall be a separate ballot giving the names of candidates for any seat to be filled on the school board from each apportioned area.

SB267, s. 3 Section 3. 5.58 (3) of the statutes is amended to read:

SB267,3,13 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, 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 for each district apportioned area, 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.

SB267, s. 4 Section 4. 5.60 (4) (bm) of the statutes is created to read:

SB267,3,18 5.60 (4) (bm) In a common, union high or unified school district that elects school board members from apportioned areas, there shall be a separate ballot giving the names of candidates for any seat to be filled on the school board from each apportioned area.

SB267, s. 5 Section 5. 17.26 (1) of the statutes is amended to read:

SB267,4,9 17.26 (1) In a common, union high or unified school district, by appointment by the remaining members. The loser of a tie vote at the last election for school board member shall be appointed upon his or her request to fill a vacancy if the vacancy occurs during the term for which the loser was a candidate, except that if the school district elects school board members from apportioned areas, the loser shall be appointed only to fill a vacancy that occurs within the apportioned area in which the loser was a candidate at the last election. Each appointee shall hold office until a successor is elected and takes office under s. 120.06 (4) or 120.42 (2). When a vacancy occurs in the office of a board member who is in the last year of his or her term, or when a vacancy occurs after the spring election but on or before the last Tuesday in November in the office of a board member who is not in the last year of his or her term, the successor shall be elected at the next spring election. When a vacancy occurs after the last Tuesday in November and on or before the date of the next spring election in the office of a board member who is not in the last year of his or her term, the successor shall be elected at the 2nd following spring election.

SB267, s. 6 Section 6. 117.09 (6) of the statutes is created to read:

SB267,4,15 117.09 (6) Reapportionment. If only a portion of the territory of a school district is attached or detached under the order, and if the school board of the attaching or detaching school district is elected from apportioned areas, the school board of that school district shall reapportion the apportioned areas within the school district if required under s. 117.11 (6) in accordance with that subsection.

SB267, s. 7 Section 7. 117.11 (6) of the statutes is created to read:

SB267,5,8 117.11 (6) Reapportionment. If the school board of the attaching or detaching school district is elected from apportioned areas, and the school district clerk of either school district determines that territory which is transferred between the school districts has a population that exceeds 2% of the population of that school district, the terms of office of all members of the school board of that school district shall expire on the 4th Monday of April following the effective date of the transfer. At the spring election preceding that date, new school board members shall be elected in accordance with s. 120.02 to represent the school district. No later than November 15 following the effective date of the transfer the school board of the school district electing members from apportioned areas shall adopt a revised plan of apportionment for elections under s. 120.045. Notwithstanding s. 120.045, the apportioned areas contained in the plan need not consist of whole wards or municipalities, if the territory that is attached or detached does not consist of whole wards or municipalities, but the school district clerk shall attempt to determine the population of each apportioned area using the best evidence available and shall ensure that the population of each apportioned area is as nearly uniform as practicable.

SB267, s. 8 Section 8. 117.12 (6) of the statutes is created to read:

SB267,5,13 117.12 (6) Reapportionment. If the school board of the attaching or detaching school district is elected from apportioned areas, the school board of that school district shall reapportion the apportioned areas within the school district if required under s. 117.11 (6) in accordance with that subsection.

SB267, s. 9 Section 9. 117.13 (4) of the statutes is created to read:

SB267,5,18 117.13 (4) Reapportionment. If the school board of the attaching or detaching school district is elected from apportioned areas, the school board of that school district shall reapportion the apportioned areas within the school district if required under s. 117.11 (6) in accordance with that subsection.

SB267, s. 10 Section 10. 117.132 (5) of the statutes is created to read:

SB267,5,23 117.132 (5) Reapportionment. If the school board of the attaching or detaching school district is elected from apportioned areas, the school board of that school district shall reapportion the apportioned areas within the school district if required under s. 117.11 (6) in accordance with that subsection.

SB267, s. 11 Section 11. 120.02 (1) of the statutes is amended to read:

SB267,6,22 120.02 (1) Change in number of school board members. If, at least 30 days prior to the day of the annual school district meeting, in a common or union high school district, or at least 45 days prior to the day of the election of school board members in a unified school district, a petition conforming to the requirements of s. 8.40 requesting a change in the number of school board members is filed with the school district clerk the clerk shall incorporate in the notice of the annual meeting or election a statement that at the meeting or election the question of changing the number of school board members to the number requested in the petition will be voted upon. If the school district elects school board members under sub. (2), the petition shall specify a proposed reapportionment of the apportioned areas within the school district in such manner that each apportioned area consists of contiguous whole wards or municipalities and each apportioned area is of equal population, insofar as practicable. If the proposed apportioned areas are not of equal population, insofar as practicable, the petition is invalid. The petition is not subject to modification at the annual meeting. The petition shall be signed by not less than 100 electors residing in the school district, except that in school districts which contain, in whole or in part, a city of the 2nd or 3rd class, the petition shall be signed by not less than 500 electors residing in the school district. If, at the meeting or election of school board members, a resolution based on a petition requesting a change in the number of school board members is adopted by a majority vote, school board members shall be elected at the next school board election and thereafter in accordance with sub. (3).

SB267, s. 12 Section 12. 120.02 (2) (a) of the statutes is amended to read:

SB267,7,22 120.02 (2) (a) If, at least 30 days prior to the day of the annual meeting, in a common or union high school district, or at least 45 days prior to the day of the election of school board members in a unified school district, a petition conforming to the requirements of s. 8.40 requesting the establishment of a plan of apportionment of school board members is filed with the school district clerk the clerk shall incorporate notice of receipt of such petition in the notice of the annual meeting or election. The petition shall specify the proposed plan of apportionment of school board members among the cities, towns and villages or parts thereof within the school district and set the total number of school board members at not more than 11. The proposed plan shall divide the school district into apportioned areas consisting of contiguous whole wards or municipalities of equal population, insofar as practicable. If the proposed apportioned areas are not of equal population, insofar as practicable, the petition is invalid. The proposed plan is not subject to modification at the annual meeting. Apportioned areas established under a plan shall remain in effect until the school board reapportions the areas under s. 120.045, unless the plan is discontinued earlier. The petition shall be signed by not less than 100 electors residing in the school district, except that in school districts which contain, in whole or in part, a city of the 2nd or 3rd class the petition shall be signed by not less than 500 electors residing in the school district. If a majority vote of the annual meeting or election approves the plan set forth in the petition, the plan shall remain in operation until revised by the same procedure. School board members elected under this subsection shall be elected by a vote of the electors of the entire school district each apportioned area in accordance with the plan prepared under sub. (3).

SB267, s. 13 Section 13. 120.02 (2) (b) of the statutes is amended to read:

SB267,8,3 120.02 (2) (b) An order of school district reorganization issued under s. 117.08, 117.09 or 117.27 may contain such a plan of apportionment of school board members, and the. In such case, the order shall contain a description of the apportioned areas to be created within the school district in accordance with s. 120.045. The determination of terms of school board members shall be as provided in sub. (3).

SB267, s. 14 Section 14. 120.02 (3) (a) 3. of the statutes is amended to read:

SB267,8,14 120.02 (3) (a) 3. An allocation of the number of candidates to be elected to 1, 2 and 3 year terms at the first election, the. If the school district elects school board members at large, the 3-year terms to shall be filled by the appropriate number of candidates receiving the highest number of votes, the 2-year terms to shall be filled by the appropriate number of candidates receiving the next highest number of votes and the 1-year terms to shall be filled by the appropriate number of candidates receiving the next highest number of votes. If the school district elects school board members from apportioned areas, the plan shall designate which apportioned areas shall elect school board members to initial 3-year terms, 2-year terms and 1-year terms.

SB267, s. 15 Section 15. 120.02 (3) (b) of the statutes is amended to read:

SB267,8,24 120.02 (3) (b) In case of If the school district elects school board members at large and there is a tie vote in the election of school board members, the election shall be determined by lot and the loser by lot shall become next in order of election if additional positions on the school board are to be filled. If the school district elects school board members from apportioned areas and there is a tie vote between the candidates for the seat representing one apportioned area, the election shall be determined by lot and the loser may fill any vacancy that occurs within the same apportioned area in which the loser is a candidate before the next election from that apportioned area under s. 17.26 (1).

SB267, s. 16 Section 16. 120.02 (3) (c) of the statutes is amended to read:

SB267,9,5 120.02 (3) (c) The If the school district elects school board members at large, the tenure of school board members whose terms have not expired shall not be affected. If the school district elects school board members from apportioned areas, the terms of all incumbent members shall expire on the 4th Tuesday of April following the election at which the plan is implemented.

SB267, s. 17 Section 17. 120.02 (3) (e) of the statutes is renumbered 120.02 (3) (e) (intro.) and amended to read:

SB267,9,9 120.02 (3) (e) (intro.) Whenever a school district with more than 3 school board members votes to reduce the number of school board members, one:

SB267,9,13 1. If the school district elects school board members at large, one less school board member shall be elected annually thereafter until the school board is reduced to the approved number of members, but not less than one member shall be elected each year.

SB267, s. 18 Section 18. 120.02 (3) (e) 2. of the statutes is created to read:

SB267,9,18 120.02 (3) (e) 2. If the school district elects school board members from apportioned areas, new members shall be elected to fill all seats on the school board at the first election following adoption of the change in the number of school board members.