SB248: Bill Text

SB248,9,19 7.10 (1) (a) Each county clerk shall provide ballots for every election in the county for all national, state and county offices, including metropolitan sewerage commission elections under s. 200.09 (11) (am), for municipal judges elected under s. 755.01 (4), for a local park district commission whenever the local park district is not coterminous with the boundaries of a single municipality, and for state and county referenda. The official and sample ballots shall be prepared in substantially the same form as those prescribed by the board under s. 7.08 (1) (a).

SB248, s. 11 Section 11. 7.51 (3) (b) of the statutes is amended to read:

SB248,9,24 7.51 (3) (b) For ballots which relate only to municipal or, school district, or local park district offices or referenda, the inspectors, in lieu of par. (a), after counting the ballots shall return them to the proper ballot boxes, lock the boxes, paste paper over the slots, sign their names to the paper, and deliver them and the keys therefor to the municipal or, school district , or local park district clerk. The clerk shall retain the ballots until destruction is authorized under s. 7.23.

SB248, s. 12 Section 12. 7.51 (3) (d) of the statutes is amended to read:

SB248,10,10 7.51 (3) (d) Except in municipalities where absentee ballots are canvassed under s. 7.52, all absentee certificate envelopes which have been opened shall be returned by the inspectors to the municipal clerk in a securely sealed carrier envelope which is clearly marked "used absentee certificate envelopes". The envelopes shall be signed by the chief inspector and 2 other inspectors. Except when the ballots are used in a municipal or, school district, or local park district election only, the municipal clerk shall transmit the used envelopes to the county clerk.

SB248, s. 13 Section 13. 7.51 (4) (b) of the statutes is amended to read:

SB248,10,16 7.51 (4) (b) The chief inspector, or one of the inspectors appointed by him or her, immediately after the votes are tabulated or counted at each election, shall report the returns of the election to the municipal clerk or , to the school district clerk for school district elections, except in 1st class cities, or to the local park district clerk for local park district elections. The clerk shall then make the returns public.

SB248, s. 14 Section 14. 7.51 (5) (a) 2., 3. and 5. and (b) of the statutes are amended to read:

SB248,10,21 7.51 (5) (a) 2. After recording the votes, the inspectors shall seal in a carrier envelope outside the ballot bag or container one tally sheet and one poll list for delivery to the county clerk, unless the election relates only to municipal or, school district, or local park district offices or referenda.

SB248,11,3 3. The inspectors shall also seal the inspectors' statement inside a separate carrier envelope, and shall similarly seal in a separate carrier envelope one tally sheet and one poll list for delivery to the municipal clerk. For school district elections, except in 1st class cities, the inspectors shall seal one tally sheet and one poll list for delivery to the school district clerk. For local park district elections, the inspectors shall seal one tally sheet and one poll list for delivery to the local park district clerk.

SB248,11,9 5. Upon receipt of the materials under subd. 4., the municipal clerk shall make sufficient copies of the inspectors' statement under sub. (4) (a) and seal one copy of the statement inside a carrier envelope together with the envelope containing any materials required to be delivered to the county clerk or , the school district clerk, or the local park district clerk. The municipal clerk shall retain the original inspectors' statement.

SB248,11,21 (b) The municipal clerk shall deliver all ballots, statements, tally sheets, lists, and envelopes relating to a school district or local park district election to the school district or local park district clerk, respectively by 4 p.m. on the day following each such election. The municipal clerk shall deliver the ballots, statements, tally sheets, lists, and envelopes for his or her municipality relating to any county, technical college district, state, or national election to the county clerk no later than 4 p.m. on the day following each such election or, in municipalities where absentee ballots are canvassed under s. 7.52, by 4 p.m. on the 2nd day following each such election, and no later than 4 p.m. on the day after receiving any corrected returns under s. 6.221 (6) (b). The person delivering the returns shall be paid out of the municipal treasury. Each clerk shall retain ballots, statements, tally sheets, or envelopes received by the clerk until destruction is authorized under s. 7.23 (1).

SB248, s. 15 Section 15. 7.53 (3m) of the statutes is created to read:

SB248,12,15 7.53 (3m) Local park district elections. The local park district clerk shall appoint 2 qualified electors of the district prior to the date of the election being canvassed, who shall, with the clerk, constitute the local park district board of canvassers. The clerk shall appoint another qualified elector of the district to fill any vacancy on the board of canvassers. If the clerk's office is vacant or the clerk cannot perform his or her duties, the chairperson of the local park district commission shall designate another qualified elector of the district to serve in lieu of the clerk. The canvass shall begin as soon as possible after receipt of the returns and shall continue, without adjournment, until completed. The board of canvassers may return defective returns to the municipal board of canvassers in the manner provided in s. 7.60 (3). The board of canvassers shall prepare a written statement showing the numbers of votes cast for each person for each office and shall prepare a determination showing the names of the persons who are elected to the local park district commission. Following each primary election, the board of canvassers shall prepare a statement certifying the names of the persons who have won nomination to the local park district commission. Each statement and determination shall be attested by each of the canvassers. The board of canvassers shall file each statement and determination in the local park district office.

SB248, s. 16 Section 16. 8.10 (3) (kw) of the statutes is created to read:

SB248,12,21 8.10 (3) (kw) For commissioners of local park districts who are elected at large, not less than 40 nor more than 200 electors, and for commissioners of local park districts who are elected from election districts, not less than 200 nor more than 400 electors in local park districts of 500,000 population or more, and not less than 20 nor more than 100 electors in districts of less than 500,000 population.

SB248, s. 17 Section 17. 8.10 (6) (e) of the statutes is created to read:

SB248,12,24 8.10 (6) (e) For members of the local park district commission, with the local park district clerk.

SB248, s. 18 Section 18. 8.11 (2f) of the statutes is created to read:

SB248,13,4 8.11 (2f) Local park district commission. A primary shall be held in a local park district whenever there are more than twice the number of candidates to be elected members of the local park district commission at large or from any election district.

SB248, s. 19 Section 19. 9.10 (1) (a) of the statutes is amended to read:

SB248,13,11 9.10 (1) (a) The qualified electors of the state,; of any county, city, village, or town,; of any congressional, legislative, judicial, or school district,; of any local park district or election district thereof; 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.

SB248, s. 20 Section 20. 9.10 (2) (d) of the statutes is amended to read:

SB248,13,25 9.10 (2) (d) No petition may be offered for filing for the recall of an officer unless the petitioner first files a registration statement under s. 11.05 (1) or (2) with the filing officer with whom the petition is filed. The petitioner shall append to the registration a statement indicating his or her intent to circulate a recall petition, the name of the officer for whom recall is sought and, in the case of a petition for the recall of a city, village, town, local park district, or school district officer, a statement of a reason for the recall which is related to the official responsibilities of the official for whom removal is sought. No petitioner may circulate a petition for the recall of an officer prior to completing registration. The last date that on which a petition for the recall of an officer may be offered for filing is 5 p.m. on the 60th day commencing after registration. After the recall petition has been offered for filing, no name may be added or removed. No signature may be counted unless the date of the signature is within the period provided in this paragraph.

SB248, s. 21 Section 21. 9.10 (3) (a) of the statutes is amended to read:

SB248,14,4 9.10 (3) (a) This subsection applies to the recall of all elective officials other than city, village, town, local park district, and school district officials. City, village, town, local park district, and school district officials are recalled under sub. (4).

SB248, s. 22 Section 22. 9.10 (4) (a) of the statutes is amended to read:

SB248,15,13 9.10 (4) (a) Within 10 days after a petition for the recall of a city, village, town, local park 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 the petition 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 issued by the official or agency and 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, the municipal clerk or school district clerk and except with regard to a commissioner of a local park district, the official shall transmit the petition to the governing body or to the school board. Immediately Except with regard to a commissioner of a local park district, 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, with regard to a member of the local park district commission, the local park district clerk shall file the petition in his or her office and shall transmit a copy of the petition to the governing body of each city, village, and town that has territory within the jurisdiction of the local park district.

SB248, s. 23 Section 23. 9.10 (4) (d) of the statutes is amended to read:

SB248,15,20 9.10 (4) (d) Promptly upon receipt of a certificate or copy of the certificate issued under par. (a), the governing body, school board, or board of election commissioners 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.

SB248, s. 24 Section 24. 9.10 (7) of the statutes is amended to read:

SB248,15,24 9.10 (7) Purpose. The purpose of this section is to facilitate the operation of article XIII, section 12, of the constitution and to extend the same rights to electors of cities, villages, towns, local park districts, and school districts.

SB248, s. 25 Section 25. 10.05 of the statutes is amended to read:

SB248,16,13 10.05 Posting of notice. Unless specifically designated elsewhere, this section applies to villages, towns and, school districts, and local park districts. Whenever a notice is required to be published, a village, town or, school district, or local park district may post 3 notices in lieu of publication under ch. 985 whenever there is not a newspaper published within the village, town or, school district, or local park district or whenever the governing body of the village, town or, school district, or local park district chooses to post in order to supplement notice provided in a newspaper. Whenever the manner of giving notice is changed by the governing body, the body shall give notice of the change in the manner used before the change. Whenever posting is used, the notices shall be posted no later than the day prescribed by law for publication, or, if that day falls within the week preceding the election to be noticed, at least one week before the election. All notices given for the same election shall be given in the same manner.

SB248, s. 26 Section 26. 10.07 (1) of the statutes is amended to read:

SB248,16,22 10.07 (1) Except as provided in sub. (2) in the case of voting machine ballots, whenever any county clerk or, any local park district clerk, and one or more municipal or school district clerks within the same county are directed to publish any notice or portion of a notice under this chapter on the same date in the same newspaper, the text of which is identical, the clerks may publish one notice only. The cost of publication of such notice or the portion of the notice required shall be apportioned equally between the county and each municipality or, school district, or local park district sharing in its publication.

SB248, s. 27 Section 27. 11.02 (8) of the statutes is created to read:

SB248,16,25 11.02 (8) If the jurisdiction under sub. (3) is a local park district, the appropriate clerk is the local park district clerk.

SB248, s. 28 Section 28. 11.26 (1) (d) 2. of the statutes is amended to read:

SB248,17,5 11.26 (1) (d) 2. One cent times the number of inhabitants of the jurisdiction or, district, or election district, according to the latest federal census or the census information on which the district is based, as certified by the appropriate filing officer, but not more than $3,000.

SB248, s. 29 Section 29. 11.26 (2) (e) 2. of the statutes is amended to read:

SB248,17,10 11.26 (2) (e) 2. Three-fourths of one cent times the number of inhabitants of the jurisdiction or, district, or election district, according to the latest federal census or the census information on which the district is based, as certified by the appropriate filing officer, but not more than $2,500.

SB248, s. 30 Section 30. 11.31 (1) (h) (intro.) of the statutes is amended to read:

SB248,17,16 11.31 (1) (h) (intro.) Candidates for any local office , who are elected from a jurisdiction or, district, or election district with less than 500,000 inhabitants according to the latest federal census or census information on which the district is based, as certified by the appropriate filing officer, an amount equal to the greater of the following:

SB248, s. 31 Section 31. 17.01 (11m) of the statutes is created to read:

SB248,17,21 17.01 (11m) By a commissioner of a local park district, to the local park district commission. The local park district commission shall immediately give a copy of each resignation under this subsection to the clerk or board of election commissioners of each municipality that has territory within the jurisdiction of the district.

SB248, s. 32 Section 32. 17.13 (intro.) of the statutes is amended to read:

SB248,18,2 17.13 Removal of village, town, town sanitary district, school district, technical college and family care district, and local park district officers. (intro.) Officers of towns, town sanitary districts, villages, school districts, technical college districts and, family care districts, and local park districts may be removed as follows:

SB248, s. 33 Section 33. 17.13 (3) of the statutes is amended to read:

SB248,18,8 17.13 (3) All officers. Any village, town, town sanitary district, school district or, technical college district, or local park district officer, elective or appointive, including those embraced within subs. (1) and (2), by the a judge of the circuit court of the a circuit wherein the village, town, town sanitary district, school district or, technical college district, or local park district is situated, for cause.

SB248, s. 34 Section 34. 17.27 (1f) of the statutes is created to read:

SB248,18,18 17.27 (1f) Local park district commission. Except as provided in s. 9.10, a vacancy in the office of commissioner of a local park district may be filled for the residue of the unexpired term by temporary appointment of the remaining members of the local park district commission. If the vacancy occurs in any year after the first Tuesday in April and on or before December 1, the vacancy shall be filled for the residue of the unexpired term, if any, at the next spring election. If the vacancy occurs in any year after December 1 or on or before the first Tuesday in April, the vacancy shall be filled for the residue of the unexpired term, if any, at the 2nd succeeding spring election.

SB248, s. 35 Section 35. 20.370 (5) (cr) of the statutes is amended to read:

SB248,18,24 20.370 (5) (cr) Recreation aids — county snowmobile trail and area aids. As a continuing appropriation, the amounts in the schedule from the snowmobile account in the conservation fund to provide state aid to counties and local park districts, as defined in s. 350.01 (2m), for snowmobile trails , facilities, and areas consistent with the requirements of ss. 23.09 (26) and 350.12 (4) (b).

SB248, s. 36 Section 36. 20.370 (5) (ct) of the statutes, as affected by 2005 Wisconsin Act 25 by section 247c, is amended to read:

SB248,19,9 20.370 (5) (ct) Recreation aids — all-terrain vehicle project aids; gas tax payment. As a continuing appropriation, the sum of an amount equal to the estimated all-terrain vehicle gas tax payment and an amount equal to the amount lapsed to the conservation fund on July 1, 2005, from the appropriation account under s. 20.370 (5) (cv), 2003 stats., to provide aid to towns, villages, cities, counties, local park districts, as defined in s. 23.33 (1) (im), and federal agencies for nonstate all-terrain vehicle projects.

SB248, s. 37 Section 37 . 20.370 (5) (ct) of the statutes, as affected by 2005 Wisconsin Act 25 by section 247g and 2005 Wisconsin Act .... (this act), is amended to read:

SB248,19,16 20.370 (5) (ct) Recreation aids — all-terrain vehicle project aids; gas tax payment. As a continuing appropriation, an amount equal to the estimated all-terrain vehicle gas tax payment to provide aid to towns, villages, cities, counties, local park districts, as defined in s. 23.33 (1) (im), and federal agencies for nonstate all-terrain vehicle projects.

SB248, s. 38 Section 38. 20.370 (5) (cu) of the statutes is amended to read:

SB248,19,22 20.370 (5) (cu) Recreation aids — all-terrain vehicle project aids. As a continuing appropriation, the amounts in the schedule from moneys received from all-terrain vehicle fees under s. 23.33 (2) (c) to (e) and (2j) to provide aid to towns, villages, cities, counties, local park districts, as defined in s. 23.33 (1m), and federal agencies for nonstate all-terrain vehicle projects.

SB248, s. 39 Section 39. 23.09 (19) (a) 2. of the statutes is amended to read:

SB248,20,2 23.09 (19) (a) 2. "Governmental unit" means a city, a village, a town, a county, a local park district created under s. 27.161, a lake sanitary district, as defined in s. 30.50 (4q), a public inland lake protection and rehabilitation district, or the Kickapoo reserve management board.

SB248, s. 40 Section 40. 23.09 (20) (ab) 2. of the statutes is amended to read:

SB248,20,5 23.09 (20) (ab) 2. "Municipality" means a city, a village, a town or, a county, or a local park district created under s. 27.161.

SB248, s. 41 Section 41. 23.09 (20m) (a) 1. of the statutes is amended to read:

SB248,20,9 23.09 (20m) (a) 1. "Governmental unit" means a city, a village, a town, a county, a local park district created under s. 27.161, or the Kickapoo reserve management board.

SB248, s. 42 Section 42. 23.09 (26) (title) of the statutes is amended to read:

SB248,20,12 23.09 (26) (title) Aids to counties County and park district aid for snowmobile purposes.

SB248, s. 43 Section 43. 23.09 (26) (a) of the statutes is renumbered 23.09 (26) (g) and amended to read:

SB248,20,20 23.09 (26) (g) The procedures in sub. (11) (a), (d), (e) and (f) shall apply to this subsection except that the The department shall consult with the snowmobile recreational council before adopting snowmobile trail construction standards, the restriction in sub. (11) (a) as to county lands is not applicable, the restriction in sub. (11) (d) as to encumbrance of funds is not applicable and the restriction in sub. (11) (e) as to requests for state aids exceeding available funds is not applicable.

SB248, s. 44 Section 44. 23.09 (26) (ac) of the statutes is created to read:

SB248,20,22 23.09 (26) (ac) In this subsection:

SB248,20,23 1. "Local park district" has the meaning given in s. 350.01 (2m).

SB248,20,24 2. "Facility" means a parking area, shelter, or toilet.

SB248, s. 45 Section 45. 23.09 (26) (am) (intro.) of the statutes is amended to read:

SB248,21,2 23.09 (26) (am) (intro.) Counties and local park districts may receive aids under this subsection distributed in accordance with s. 350.12 (4) to do any of the following:

SB248, s. 46 Section 46. 23.09 (26) (am) 1. of the statutes is amended to read:

SB248,21,17 23.09 (26) (am) 1. Purchase lands or secure easements, leases, permits, or other appropriate agreements, written or oral, permitting use of private property for snowmobile trails, facilities, and areas, if such the easements, leases, permits, or other agreements provide public access to the trail, facility, or area. No lands purchased or leases, easements, permits, or agreements secured under authority of this section subsection may be acquired by the county through condemnation. Counties and local park districts shall certify to the department that such the lands, easements, leases, permits, or other appropriate agreements have been secured. However, when bridges, culverts, toilet facilities, parking lots or shelters or facilities are to be constructed under this section subsection and the improvements are estimated to cost in excess of $3,000, the land underlying such these improvements must be purchased by the county or local park district or secured by the county or local park district by written easements or leases having a term of not less than 3 years.

SB248, s. 47 Section 47. 23.09 (26) (am) 3. of the statutes is amended to read:

SB248,21,21 23.09 (26) (am) 3. Develop and maintain snowmobile trails, facilities, and areas on public lands designated by the county board or trails or areas under subd. 1. or 2 or by the local park district.

SB248, s. 48 Section 48. 23.09 (26) (am) 3m. of the statutes is created to read:

SB248,21,24 23.09 (26) (am) 3m. Develop and maintain snowmobile trails, facilities, and areas under subd. 1. or 2.

SB248, s. 49 Section 49. 23.09 (26) (am) 4. of the statutes is repealed.

SB248, s. 50 Section 50. 23.09 (26) (ar) of the statutes is created to read:

SB248,22,4 23.09 (26) (ar) Counties may receive aids under this subsection distributed in accordance with s. 350.12 (4) to enforce laws in and on snowmobile trails, facilities, and areas.

SB248, s. 51 Section 51. 23.09 (26) (b) of the statutes is amended to read:

SB248,22,11 23.09 (26) (b) The county board of any county, which, by resolution, indicates its desire Any county or any local park district that wishes to receive aids under this subsection shall apply to the department on forms prescribed by the department and submit required documentation as set forth promulgated by rule on or before April 15, beginning in 1978 of each year. A decision on an aid application shall be made by the department on or before the following July 1, beginning in 1978.

SB248, s. 52 Section 52. 23.09 (26) (bg) of the statutes is created to read:

SB248,22,18 23.09 (26) (bg) The department shall review the aid application as it considers necessary to determine whether the approval of the application will best serve the public interest and need. In making its decision, the department shall give careful consideration to whether the proposal is an integral part of an official comprehensive land and water use plan for the area as well as the relationship of the proposal to similar proposals on other public lands.