SB258, s. 69
1Section 69. 38.08 (1) (a) of the statutes is repealed and recreated to read:
SB258,32,72 38.08 (1) (a) A district board shall administer the district and shall be composed
3of 9 members who are residents of the district. The members shall be elected to
4represent numbered election districts within each technical college district by the
5electors of each election district at the spring election. Each member of the district
6board shall be an elector of the numbered election district within the technical college
7district for which he or she seeks office.
SB258, s. 70 8Section 70. 38.08 (1) (b) of the statutes is amended to read:
SB258,32,109 38.08 (1) (b) District board members shall take office on July 1 and shall serve
10staggered 3-year 4-year terms.
SB258, s. 71 11Section 71. 38.08 (1) (c) of the statutes is created to read:
SB258,32,1612 38.08 (1) (c) Promptly upon receipt of the determinations of the elections board
13under s. 7.70 (6) and upon appointment of any person to fill a temporary vacancy on
14the district board, the secretary of the district board shall send written notification
15of the name and address of each member and expiration date of each member's term
16to the director of the board.
SB258, s. 72 17Section 72. 38.08 (1g), (2) and (2m) of the statutes are repealed.
SB258, s. 73 18Section 73. 38.08 (6) of the statutes is created to read:
SB258,33,819 38.08 (6) (a) Within 90 days after the population count by block, established
20in the decennial federal census of population, and maps showing the location and
21numbering of census blocks become available in printed form from the federal
22government or are published for distribution by an agency of this state or within 90
23days after alteration of the boundaries of an existing district, the district board of
24each existing district shall apportion and prescribe the boundaries of 9 numbered
25election districts within the district, to be as nearly equal in population as possible.

1Within 90 days after the creation of any new district, the board shall similarly
2apportion and prescribe the boundaries of 9 numbered election districts within that
3district. Alterations in election districts resulting from boundary changes to existing
4districts may be made only to the extent required to facilitate the change. Insofar
5as possible, each election district shall be compact and observe the community of
6interest of existing neighborhoods. A detailed map and description of each election
7district prescribed by a district board shall be prepared and transmitted by the
8district board to the director of the board.
SB258,33,159 (b) All proposed district boundaries established by a district board under par.
10(a) shall become effective only upon their approval by the board. If the board
11disapproves the proposed boundaries, the district board shall submit a revised
12districting plan for approval of the board. Upon approval of the election district
13boundaries within any district, the board shall promulgate the boundaries
14established under par. (a) as a rule under ch. 227. The boundaries shall become
15effective on the effective date of the rule.
SB258, s. 74 16Section 74. 38.10 of the statutes is repealed.
SB258, s. 75 17Section 75. 60.72 (8) (a) of the statutes is amended to read:
SB258,34,218 60.72 (8) (a) After a town sanitary district has been established under sub. (6)
19or (7), the town board shall appoint or provide for the election of the initial
20commissioners or constitute itself as the commission under s. 60.74 within 60 days
21after the expiration of the review period under s. 60.73, if no appeal is filed, or within
2260 days after the department's order is affirmed in a proceeding under s. 60.73. If
23the town board does not appoint or provide for the election of the initial
24commissioners or constitute itself as the commission, the department shall appoint,
25for 2-year terms,
3 commissioners who meet the residence and property-ownership

1requirements of s. 60.75 (3). The initial appointed commissioners shall serve for the
2term prescribed under s. 60.74 (3).
SB258, s. 76 3Section 76. 60.72 (8) (b) of the statutes is repealed.
SB258, s. 77 4Section 77. 60.72 (8) (d) of the statutes is amended to read:
SB258,34,75 60.72 (8) (d) The department shall file notice of all appointments the
6appointment
of the initial commissioners with the town clerk in each town in which
7the district is located.
SB258, s. 78 8Section 78. 60.74 (1) of the statutes is repealed.
SB258, s. 79 9Section 79. 60.74 (2) of the statutes is repealed.
SB258, s. 80 10Section 80. 60.74 (3) (a) of the statutes is renumbered 60.74 (3) and amended
11to read:
SB258,34,1912 60.74 (3) Election of commissioners. If the town board provides for the
13election of commissioners, the
Upon creation of a district, the town board shall either
14schedule the first election of the first commissioners at the next regular spring
15election that follows the first November 15 that occurs after the district is created or
16call a special election. If the town board schedules the first election of the first
17commissioners at the next regular spring election, the town board shall appoint
18commissioners, within the time limits specified in sub. (1) or (2), to serve until the
193rd Monday of April in the year when the next regular spring election is held.
SB258, s. 81 20Section 81. 60.74 (3) (b) of the statutes is repealed.
SB258, s. 82 21Section 82. 60.74 (4) of the statutes is repealed.
SB258, s. 83 22Section 83. 60.74 (5) of the statutes is repealed.
SB258, s. 84 23Section 84. 60.74 (5m) of the statutes is repealed.
SB258, s. 85 24Section 85. 60.74 (6) of the statutes is repealed.
SB258, s. 86
1Section 86. 60.75 (1) (a) of the statutes is renumbered 60.75 (1) and amended
2to read:
SB258,35,43 60.75 (1) Number of commissioners. Except as provided in par. (b), the The
4commission shall consist of 3 members.
SB258, s. 87 5Section 87. 60.75 (1) (b) of the statutes is repealed.
SB258, s. 88 6Section 88. 60.75 (2) (a) of the statutes is amended to read:
SB258,35,87 60.75 (2) (a) Except as provided in pars. par. (b) and (c), commissioners shall
8serve for staggered 6-year terms.
SB258, s. 89 9Section 89. 60.75 (2) (b) of the statutes is amended to read:
SB258,35,1610 60.75 (2) (b) Except as provided under par. (c), of Of the commissioners first
11appointed or elected in a newly established town sanitary district, one shall be
12appointed or elected for a term of 2 years, one for a term of 4 years and one for a term
13of 6 years. If the commissioners first elected in a newly established town sanitary
14district are elected at a special election, the town board shall specify shorter
15staggered terms for the commissioners so that their successors may be elected at a
16regular spring election.
SB258, s. 90 17Section 90. 60.75 (2) (c) of the statutes is repealed.
SB258, s. 91 18Section 91. 60.75 (2) (d) of the statutes is amended to read:
SB258,35,2119 60.75 (2) (d) An elected A commissioner shall hold office until the 3rd Monday
20of April in the year that his or her successor is elected. An appointed commissioner
21shall hold office until a successor takes office.
SB258, s. 92 22Section 92. 60.75 (3) (a) of the statutes is amended to read:
SB258,35,2423 60.75 (3) (a) Except as provided in par. (b) or (c), all commissioners shall be
24residents of the town sanitary district.
SB258, s. 93 25Section 93. 60.75 (3) (b) of the statutes is amended to read:
SB258,36,7
160.75 (3) (b) If commissioners are elected or appointed and if the sanitary
2district is composed primarily of summer resort property, at least one of the
3commissioners shall be a resident of the district. Any commissioner who is not a
4resident shall own property within the town sanitary district. If the commissioners
5are not all required to be residents of the district, the commission shall designate one
6or 2 seats as resident commissioners. No person is qualified to hold the seat of a
7resident commissioner who is not a resident of the sanitary district.
SB258, s. 94 8Section 94. 60.75 (3) (c) of the statutes is repealed.
SB258, s. 95 9Section 95. 60.75 (4) of the statutes is amended to read:
SB258,36,1310 60.75 (4) Vacancies. Any vacancy on an elective or appointive a commission
11may be filled by appointment by the town board for the remainder of the unexpired
12term. Any vacancy on a commission consisting of town board supervisors remains
13vacant until a successor town board supervisor is appointed or elected.
SB258, s. 96 14Section 96. 60.76 (1) (a) of the statutes is renumbered 60.76 (1) and amended
15to read:
SB258,36,1816 60.76 (1) Election of officers. Except as provided in par. (b), the The
17commission shall organize by electing one of its members president and appointing
18a secretary and treasurer.
SB258, s. 97 19Section 97. 60.76 (1) (b) of the statutes is repealed.
SB258, s. 98 20Section 98. 60.785 (2) (b) of the statutes is amended to read:
SB258,36,2321 60.785 (2) (b) Within 60 days after the referendum, the appropriate town board
22shall appoint or provide for the initial election of commissioners or constitute itself
23as the commission
for the consolidated district, as provided in s. 60.74.
SB258, s. 99 24Section 99. 66.0217 (10) (b) of the statutes is renumbered 66.0217 (10) (b)
25(intro.) and amended to read:
SB258,37,3
166.0217 (10) (b) (intro.) For purposes of this section, if a number of electors
2cannot be determined on the basis of reported election statistics, the number shall
3be determined in accordance with s. 60.74 (6). as follows:
SB258, s. 100 4Section 100. 66.0217 (10) (b) 1. to 3. of the statutes are created to read:
SB258,37,65 66.0217 (10) (b) 1. The area of the territory in square miles shall be divided by
6the area, in square miles, of the municipality in which it lies.
SB258,37,97 2. The vote for governor at the last general election in the municipality within
8which the territory lies shall be multiplied by the quotient determined under subd.
91.
SB258,37,1210 3. If a territory lies in more than one municipality, the method of determination
11under subds. 1. and 2. shall be used for each part of the territory which constitutes
12only a fractional part of any area for which election statistics are available.
SB258, s. 101 13Section 101. 66.0219 (2) (a) of the statutes is amended to read:
SB258,37,2214 66.0219 (2) (a) If, prior to the date set for hearing upon an application filed
15under sub. (1) (b), there is filed with the court a petition signed by a number of
16qualified electors residing in the territory equal to at least a majority of the votes cast
17for governor in the territory at the last gubernatorial election or the owners of more
18than one-half of the real property in assessed value in the territory, protesting
19against the annexation of the territory, the court shall deny the application for an
20annexation referendum. If a number of electors cannot be determined on the basis
21of reported election statistics, the number shall be determined in accordance with s.
2260.74 (6) 66.0217 (10) (b).
SB258, s. 102 23Section 102. 66.0227 (3) of the statutes is amended to read:
SB258,38,1624 66.0227 (3) The governing body of a city, village or town involved may, or if a
25petition conforming to the requirements of s. 8.40 signed by a number of qualified

1electors equal to at least 5% of the votes cast for governor in the city, village or town
2at the last gubernatorial election, demanding a referendum, is presented to it within
330 days after the passage of either of the ordinances under sub. (2) shall, submit the
4question to the electors of the city, village or town whose electors petitioned for
5detachment, at a referendum election called for that purpose not less than 42 days
6nor more than 72 days after the filing of the petition, or after the enactment of either
7ordinance. The petition shall be filed as provided in s. 8.37. If a number of electors
8cannot be determined on the basis of reported election statistics, the number shall
9be determined in accordance with s. 60.74 (6) 66.0217 (10) (b). The governing body
10of the municipality shall appoint 3 election inspectors who are resident electors to
11supervise the referendum. The ballots shall contain the words "For Detachment"
12and "Against Detachment". The inspectors shall certify the results of the election by
13their attached affidavits and file a copy with the clerk of each town, village or city
14involved, and none of the ordinances may take effect nor be in force unless a majority
15of the electors approve the question. The referendum election shall be conducted in
16accordance with chs. 6 and 7 to the extent applicable.
SB258, s. 103 17Section 103. 67.05 (5) (a) of the statutes is amended to read:
SB258,39,418 67.05 (5) (a) Whenever an initial resolution has been so adopted by the
19governing body of a town, the clerk of the municipality shall immediately record the
20resolution and call a special election for the purpose of submitting the resolution to
21the electors of the municipality for approval. This paragraph does not apply to bonds
22issued to finance low-interest mortgage loans under s. 62.237, unless a number of
23electors equal to at least 15% of the votes cast for governor at the last general election
24in their town sign and file a petition conforming to the requirements of s. 8.40 with
25the town clerk requesting submission of the resolution. Whenever a number of

1electors cannot be determined on the basis of reported statistics, the number shall
2be determined in accordance with s. 60.74 (6) 66.0217 (10) (b). If a petition is filed,
3the question submitted shall be whether the resolution shall or shall not be
4approved. This paragraph is limited in its scope by sub. (7).
SB258, s. 104 5Section 104. 67.05 (7) (b) of the statutes is amended to read:
SB258,39,156 67.05 (7) (b) An initial resolution adopted by the governing body of a city for
7an issue of bonds for purposes specifically enumerated in sub. (5) need not be
8submitted to the electors under sub. (5) unless, within 30 days after the adoption
9thereof, a petition conforming to the requirements of s. 8.40 requesting such
10submission, signed by electors numbering at least 10% of the votes cast for governor
11in the city at the last general election, is filed in the office of the city clerk. Whenever
12a number of electors cannot be determined on the basis of reported statistics, the
13number shall be determined in accordance with s. 60.74 (6) 66.0217 (10) (b). Any
14initial resolution may, in the discretion of the governing body, by separate recorded
15resolution, be submitted to popular vote without a petition.
SB258, s. 105 16Section 105. 67.05 (7) (e) of the statutes is amended to read:
SB258,40,517 67.05 (7) (e) An initial resolution adopted by the governing body of a city or
18village for an issue of bonds to create a revolving fund out of which to advance the
19cost of any work for which special assessments may be levied, in anticipation of the
20collection by the city or village treasurer of the special assessments, special
21improvement certificates and improvement bonds, made or issued for the cost
22thereof, need not be submitted to the electors under sub. (5) unless, within 30 days
23after the adoption thereof, a petition conforming to the requirements of s. 8.40
24requesting such submission, signed by electors numbering at least 10% of the votes
25cast for governor in the city or village at the last general election, is filed in the office

1of the city or village clerk. Whenever a number of electors cannot be determined on
2the basis of reported statistics, the number shall be determined in accordance with
3s. 60.74 (6) 66.0217 (10) (b). If such petition is filed, proceedings shall be had under
4sub. (5). Any such resolution may, in the discretion of the governing body, by separate
5recorded resolution, be submitted to popular vote without the filing of a petition.
SB258, s. 106 6Section 106. 200.09 (1) of the statutes is amended to read:
SB258,40,257 200.09 (1) A district formed under this subchapter shall be governed by a
85-member commission appointed elected for staggered 5-year terms. Except as
9provided in sub. (11),
except that upon creation of a district, the initial commissioners
10shall be appointed jointly by the county board of the county in which the district is
11located. If the district contains territory of more than one county, the county boards
12of the counties not having the greatest population in the district shall appoint one
13commissioner each and the county board of the county having the greatest
14population in the district shall appoint the remainder. Of the initial appointments,
15the appointments for the shortest terms shall be made by the counties having the
16least amount of population, in reverse order of their population included in the
17district
governing body or bodies of each city, village, and town whose territory is
18included within the district. The initial appointees shall serve for a term expiring
19on the 4th Monday of April of the 2nd year beginning after their appointment
.
20Commissioners shall be residents of the district. Initial appointments shall be made
21no sooner than 60 days and no later than 90 days after issuance of the department
22order forming a district or after completion of any court proceedings challenging such
23order. A per diem compensation not to exceed $50 may be paid to commissioners.
24Commissioners may be reimbursed for actual expenses incurred as commissioners
25in carrying out the work of the commission.
SB258, s. 107
1Section 107. 200.09 (9) of the statutes is repealed.
SB258, s. 108 2Section 108. 200.09 (11) of the statutes is repealed.
SB258, s. 109 3Section 109. 200.09 (11) (a) of the statutes is repealed.
SB258, s. 110 4Section 110. 200.09 (11) (am) 1. of the statutes is renumbered 200.09 (11) and
5amended to read:
SB258,41,166 200.09 (11) If the governing bodies of each city, town and village comprising a
7district pass a resolution authorizing the election of commissioners to terms
8succeeding the initial appointments, commissioners
Commissioners shall be chosen
9to fill vacant seats
elected by the electors of the district at large at the spring
10elections, as defined in s. 5.02 (21), of the district at large election. Of the
11commissioners who are initially elected, one shall be chosen for a term of one year;
12one shall be chosen for a term of 2 years; one shall be chosen for a term of 3 years;
13one shall be chosen for a term of 4 years; and one shall be chosen for a term of 5 years
.
14Each commissioner may hold office until a successor is elected and qualified, except
15as provided in s. 17.27 (1m). Any commissioner elected for a regular or unexpired
16term shall take office after filing the official oath on the 4th Monday in April.
SB258, s. 111 17Section 111. 200.09 (11) (am) 2. and 3. of the statutes, as affected by 2007
18Wisconsin Act 1
, are repealed.
SB258, s. 112 19Section 112. 200.09 (11) (b) of the statutes is repealed.
SB258, s. 113 20Section 113. 200.11 (9) of the statutes is amended to read:
SB258,41,2421 200.11 (9) Extraterritorial service by contract. A district may provide
22service to territory outside the district, including territory in a county not in that
23district, under s. 66.0301, subject to ss. 200.01 to 200.15 and 200.45 , except that s.
24200.09 (1) does not require the appointment of a commissioner from that territory
.
SB258, s. 114 25Section 114. 200.15 (4) of the statutes is repealed.
SB258, s. 115
1Section 115. 200.23 (2) of the statutes is repealed and recreated to read:
SB258,42,32 200.23 (2) Composition of the commission. (a) The commission is composed
3of 11 members who are elected from 11 subdistricts within the district.
SB258,42,64 (b) Each commissioner shall be a resident of the subdistrict from which he or
5she is elected. A commissioner who ceases to reside in the subdistrict from which he
6or she was elected vacates his or her office.
SB258,42,157 (c) Commissioners shall be nominated by nomination papers. Candidates for
8the office of commissioner shall specify on their nomination papers the subdistrict
9number from which they seek office. The terms of commissioners shall be 2 years,
10beginning on the 2nd Tuesday in July following their election, except that the terms
11of the members who are initially elected to office representing even-numbered
12subdistricts shall expire on the the 2nd Tuesday in July of the first even-numbered
13year following their election, and the terms of the members who are initially elected
14to office representing odd-numbered subdistricts shall expire on the 2nd Tuesday of
15July of the first odd-numbered year following their election.
SB258,42,1816 (d) Commissioners may be removed from office, for cause, as provided in s.
1717.13 (3) and may be recalled under s. 9.10. Vacancies in the office of commissioner
18shall be filled as provided in s. 17.27 (1g).
SB258,43,1319 (e) No later than 5 p.m. on the 2nd Tuesday in January, the secretary of the
20district shall certify to the county clerk or board of election commissioners of each
21county in which the district is contained the names of candidates who have filed valid
22nomination papers for the office of commissioner and who are eligible to have their
23names appear on the ballot under s. 8.30. If any municipality contained within the
24district prepares its own ballots under s. 7.15 (2) (c), the secretary shall also certify
25the names of candidates to the municipal clerk or board of election commissioners

1of that municipality. In making these certifications, the secretary shall designate the
2form of each candidate's name to appear on the ballot in the manner prescribed under
3s 7.08 (2) (a). If a primary is held for the office of commissioner within any subdistrict
4of the district, the secretary shall similarly certify the names of the candidates who
5have won nomination to the office of commissioner and who are eligible to have their
6names appear on the ballot in the manner prescribed in s. 7.08 (2) (a). The secretary
7shall furnish one copy of the type A notice under s. 10.01 (2) (a) to each clerk or board
8of election commissioners to whom a certification is required. If paper ballots are
9used at a district election, the secretary shall provide each municipal clerk or board
10of election commissioners with an adequate supply of ballots for the election at least
1122 days before the election. The secretary shall issue certificates of election to
12persons who are elected to the office of commissioner after each election in the
13manner provided under s. 7.53 (4).
SB258, s. 116 14Section 116. 200.25 (1) to (4) of the statutes are repealed.
SB258, s. 117 15Section 117. 200.25 (7) (a) of the statutes is repealed and recreated to read:
SB258,44,1216 200.25 (7) (a) Within 60 days after the municipal governing body of each
17municipality that is wholly or partly contained within the district enacts an
18ordinance or resolution under s. 5.15 dividing the municipality into wards, if the
19municipality is required to do so, or otherwise within 60 days after the population
20count by block, established in the federal decennial census of population, and maps
21showing the location and numbering of census blocks become available in printed
22form from the federal government or are published for distribution by an agency of
23this state, the commission shall, by a majority vote of the members of the
24commission, adopt a revised plan for the apportionment of subdistricts within the
25district. The subdistricts under the plan shall be assigned consecutive whole

1numbers beginning with the number one. Each subdistrict under the plan shall
2consist of contiguous whole wards or municipalities and shall be equal in population
3insofar as practicable. For purposes of this paragraph, "island territory," as defined
4in s. 5.15 (2) (f) 3., shall be considered contiguous to the other parts of the
5municipality to which it belongs. In developing the plan, the commission shall give
6due consideration to maintaining the compactness of subdistricts, maintaining the
7integrity of counties and municipalities within subdistricts, maintaining
8communities of interest within subdistricts, and fostering politically competitive
9subdistricts. The secretary of the commission shall certify and record an official copy
10of the plan in the office of the district. The plan shall be effective until the commission
11adopts a revised plan under this subsection following the next federal decennial
12census, unless otherwise ordered by a court under par. (b).
SB258, s. 118 13Section 118. 200.25 (8) of the statutes is repealed.
SB258, s. 119 14Section 119. 200.27 (1) of the statutes is amended to read:
SB258,44,1915 200.27 (1) Quorum. Six commissioners constitute a quorum for the transaction
16of business. If after reapportionment under s. 200.25 (7) the number of
17commissioners is increased to 12 or 13, 7 commissioners constitute a quorum. If after
18reapportionment under s. 200.25 (7) the number of commissioners is reduced to 9 or
1910, 5 commissioners constitute a quorum.
SB258, s. 120 20Section 120. 200.27 (3) of the statutes is amended to read:
SB258,45,821 200.27 (3) Chairperson. The At a commission's first meeting after an election
22of commissioners the terms of whom begin on the 2nd Tuesday in July, the

23commission shall elect one commissioner as chairperson of the commission, for a
24one-year term specified by rule by the commission. The term shall begin on the date
25the chairperson is elected and shall end one year later, except that if a successor has

1not been elected by the end of the chairperson's term, the term shall end on the date
2on which a successor is elected
. The chairperson is removable at pleasure by a
3majority vote of the members of
the commission if a quorum is present at the meeting
4at which the vote occurs
. The chairperson shall preside over the meetings of the
5commission and shall perform other duties imposed upon the chairperson by this
6subchapter or assigned by the commission. The commission may also appoint a vice
7chairperson who may exercise the powers and shall perform the duties of the
8chairperson in the absence or disability of the chairperson.
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