SB253: Bill Text

SB253, s. 12 Section 12. 9.10 (1) (a) of the statutes is amended to read:

SB253,7,23 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.

SB253, s. 13 Section 13. 9.10 (2) (b) of the statutes is amended to read:

SB253,8,3 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.

SB253, s. 14 Section 14. 9.10 (2) (d) of the statutes is amended to read:

SB253,8,17 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, technical college 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 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.

SB253, s. 15 Section 15. 9.10 (3) (a) of the statutes is amended to read:

SB253,8,22 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).

SB253, s. 16 Section 16. 9.10 (4) (a), (d) and (7) of the statutes are amended to read:

SB253,9,24 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 government accountability board shall file the petition in its office.

SB253,10,8 (d) Promptly upon receipt of a certificate under par. (a), the governing body, school board, or board of election commissioners, or government accountability 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.

SB253,10,11 (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, technical college districts, and school districts.

SB253, s. 17 Section 17. 11.26 (1) (c) of the statutes is amended to read:

SB253,10,14 11.26 (1) (c) Candidates for representative to the assembly or member of a technical college district board, $500.

SB253, s. 18 Section 18. 11.26 (2) (c) of the statutes is amended to read:

SB253,10,17 11.26 (2) (c) Candidates for representative to the assembly or member of a technical college district board, $500.

SB253, s. 19 Section 19. 11.31 (1) (f) of the statutes is amended to read:

SB253,10,21 11.31 (1) (f) Candidates for representative to the assembly or member of a technical college district board, $17,250 total in the primary and election, with disbursements not exceeding $10,775 for either the primary or the election.

SB253, s. 20 Section 20. 11.31 (1) (g) (intro.) of the statutes is amended to read:

SB253,10,25 11.31 (1) (g) (intro.) In any jurisdiction or district, other than a technical college district or judicial district or circuit, with a population of 500,000 or more according to the most recent federal census covering the entire jurisdiction or district:

SB253, s. 21 Section 21. 17.01 (10m) of the statutes is created to read:

SB253,11,3 17.01 (10m) By a member of a technical college district board, to the secretary of the district board.

SB253, s. 22 Section 22. 17.02 (2) of the statutes is created to read:

SB253,11,7 17.02 (2) Technical college district board. Of the resignation of a member of a technical college district board, by the secretary of the district board to the government accountability board.

SB253, s. 23 Section 23. 17.17 (2) of the statutes is created to read:

SB253,11,11 17.17 (2) Technical college district board. In the office of member of a technical college district board, by the secretary of the district board to the government accountability board.

SB253, s. 24 Section 24. 17.27 (3) of the statutes is repealed and recreated to read:

SB253,11,21 17.27 (3) Technical college district board. Except as provided in s. 9.10, a vacancy in the office of member of a technical college district board may be filled by temporary appointment of the remaining members of the district board. The temporary appointee shall serve until a successor is elected and qualifies. 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 succeeding 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.

SB253, s. 25 Section 25. 38.04 (15) of the statutes is repealed.

SB253, s. 26 Section 26. 38.06 (6) of the statutes is created to read:

SB253,12,3 38.06 (6) Promptly upon issuance of a reorganization order by the board, the director of the board shall transmit a copy of the order to the government accountability board.

SB253, s. 27 Section 27. 38.08 (1) (a) of the statutes is repealed and recreated to read:

SB253,12,10 38.08 (1) (a) A district board shall administer the district and shall be composed of 9 members who are residents of the district. The members shall be elected to represent numbered election districts within each technical college district by the electors of each election district at the spring election. Each member of the district board shall be an elector of the numbered election district within the technical college district for which he or she seeks office.

SB253, s. 28 Section 28. 38.08 (1) (b) of the statutes is amended to read:

SB253,12,13 38.08 (1) (b) District board members shall take office on July 1 and shall serve staggered 3-year 4-year terms.

SB253, s. 29 Section 29. 38.08 (1) (c) of the statutes is created to read:

SB253,12,19 38.08 (1) (c) Promptly upon receipt of the determinations from the government accountability board under s. 7.70 (6) and upon appointment of any person to fill a temporary vacancy on the district board, the secretary of the district board shall send written notification of the name and address of each member and expiration date of each member's term to the director of the board.

SB253, s. 30 Section 30. 38.08 (1g), (2) and (2m) of the statutes are repealed.

SB253, s. 31 Section 31. 38.08 (6) of the statutes is created to read:

SB253,13,11 38.08 (6) (a) Within 90 days after the population count by block, established in the decennial federal census of population, and maps showing the location and numbering of census blocks become available in printed form from the federal government or are published for distribution by an agency of this state or within 90 days after alteration of the boundaries of an existing district, the district board of each existing district shall apportion and prescribe the boundaries of 9 numbered election districts within the district, to be as nearly equal in population as possible. Within 90 days after the creation of any new district, the board shall similarly apportion and prescribe the boundaries of 9 numbered election districts within that district. Alterations in election districts resulting from boundary changes to existing districts may be made only to the extent required to facilitate the change. Insofar as possible, each election district shall be compact and observe the community of interest of existing neighborhoods. A detailed map and description of each election district prescribed by a district board shall be prepared and transmitted by the district board to the director of the board.

SB253,13,18 (b) All proposed district boundaries established by a district board under par. (a) shall become effective only upon their approval by the board. If the board disapproves the proposed boundaries, the district board shall submit a revised districting plan for approval of the board. Upon approval of the election district boundaries within any district, the board shall promulgate the boundaries established under par. (a) as a rule under ch. 227. The boundaries shall become effective on the effective date of the rule.

SB253, s. 32 Section 32. 38.10 of the statutes is repealed.

SB253, s. 33 Section 33. Nonstatutory provisions.

SB253,14,15 (1) Election of initial district boards. Notwithstanding section 38.08 (6) of the statutes, as created by this act, within 60 days after the effective date of this subsection, the appointment committee of each technical college district shall adopt and transmit to the secretary of each technical college district board and the director of the state technical college system board an initial districting plan for election districts as required by section 38.08 (6) of the statutes, as created by this act. The state technical college system board shall review and determine its approval or disapproval of each plan as promptly as possible. If a plan is rejected, the appointment committee shall submit a new plan for approval. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the state technical college system board may promulgate the plan as an emergency rule under section 227.24 of the statutes without providing evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare, and is not required to provide a finding of emergency for a rule promulgated under this subsection. Notwithstanding section 227.24 (1) (c) of the statutes, an emergency rule promulgated under this subsection applies until a rule replacing that rule takes effect or until the actions specified in section 227.24 (1) (d) of the statutes occur, whichever is sooner. Notwithstanding section 227.19 (4) to (6) of the statutes, the rule replacing a valid emergency rule adopted under this subsection may not contain any substantive change from the emergency rule.

SB253,15,2 (2) Transitional terms. Notwithstanding chapter 269, laws of 1981, section 22, and section 38.08 (1) (b) of the statutes, as affected by this act, the members of each technical college district board who hold office on the effective date of this subsection shall cease to hold office on July 1, 2009. At the 2009 spring election, 9 members shall be elected to each technical college district board for terms commencing on July 1, 2009. The persons elected to represent election districts numbered 1 and 2 at that election shall serve for terms of one year, the persons elected to represent election districts numbered 3 and 4 at that election shall serve for terms of 2 years, the persons elected to represent election districts numbered 5 and 6 at that election shall serve for terms of 3 years, and the persons elected to represent election districts numbered 7, 8, and 9 at that election shall serve for terms of 4 years.

SB253,15,6 (3) Vacancies. Notwithstanding section 38.10, 2005 stats., the appointment committee of each technical college district shall not make any appointment to a technical college district board for the purpose of filling a vacancy resulting from expiration of a term of office after the effective date of this subsection.

SB253, s. 34 Section 34. Effective dates. This act takes effect on August 1, 2008, except as follows:

SB253,15,11 (1) The treatment of sections 17.01 (10m), 17.02 (2), 17.17 (2), 17.27 (3), 38.04 (15), 38.08 (1) (a) ,(b), and (c), (1g), (2), and (2m), 38.08 (6), and 38.10 of the statutes takes effect on July 1, 2009.

SB253,15,12 (End)