SB258: Bill Text

SB258,34,19 60.74 (3) Election of commissioners. If the town board provides for the election of commissioners, the Upon creation of a district, the town board shall either schedule the first election of the first commissioners at the next regular spring election that follows the first November 15 that occurs after the district is created or call a special election. If the town board schedules the first election of the first commissioners at the next regular spring election, the town board shall appoint commissioners, within the time limits specified in sub. (1) or (2), to serve until the 3rd Monday of April in the year when the next regular spring election is held.

SB258, s. 81 Section 81. 60.74 (3) (b) of the statutes is repealed.

SB258, s. 82 Section 82. 60.74 (4) of the statutes is repealed.

SB258, s. 83 Section 83. 60.74 (5) of the statutes is repealed.

SB258, s. 84 Section 84. 60.74 (5m) of the statutes is repealed.

SB258, s. 85 Section 85. 60.74 (6) of the statutes is repealed.

SB258, s. 86 Section 86. 60.75 (1) (a) of the statutes is renumbered 60.75 (1) and amended to read:

SB258,35,4 60.75 (1) Number of commissioners. Except as provided in par. (b), the The commission shall consist of 3 members.

SB258, s. 87 Section 87. 60.75 (1) (b) of the statutes is repealed.

SB258, s. 88 Section 88. 60.75 (2) (a) of the statutes is amended to read:

SB258,35,8 60.75 (2) (a) Except as provided in pars. par. (b) and (c), commissioners shall serve for staggered 6-year terms.

SB258, s. 89 Section 89. 60.75 (2) (b) of the statutes is amended to read:

SB258,35,16 60.75 (2) (b) Except as provided under par. (c), of Of the commissioners first appointed or elected in a newly established town sanitary district, one shall be appointed or elected for a term of 2 years, one for a term of 4 years and one for a term of 6 years. If the commissioners first elected in a newly established town sanitary district are elected at a special election, the town board shall specify shorter staggered terms for the commissioners so that their successors may be elected at a regular spring election.

SB258, s. 90 Section 90. 60.75 (2) (c) of the statutes is repealed.

SB258, s. 91 Section 91. 60.75 (2) (d) of the statutes is amended to read:

SB258,35,21 60.75 (2) (d) An elected A commissioner shall hold office until the 3rd Monday of April in the year that his or her successor is elected. An appointed commissioner shall hold office until a successor takes office.

SB258, s. 92 Section 92. 60.75 (3) (a) of the statutes is amended to read:

SB258,35,24 60.75 (3) (a) Except as provided in par. (b) or (c), all commissioners shall be residents of the town sanitary district.

SB258, s. 93 Section 93. 60.75 (3) (b) of the statutes is amended to read:

SB258,36,7 60.75 (3) (b) If commissioners are elected or appointed and if the sanitary district is composed primarily of summer resort property, at least one of the commissioners shall be a resident of the district. Any commissioner who is not a resident shall own property within the town sanitary district. If the commissioners are not all required to be residents of the district, the commission shall designate one or 2 seats as resident commissioners. No person is qualified to hold the seat of a resident commissioner who is not a resident of the sanitary district.

SB258, s. 94 Section 94. 60.75 (3) (c) of the statutes is repealed.

SB258, s. 95 Section 95. 60.75 (4) of the statutes is amended to read:

SB258,36,13 60.75 (4) Vacancies. Any vacancy on an elective or appointive a commission may be filled by appointment by the town board for the remainder of the unexpired term. Any vacancy on a commission consisting of town board supervisors remains vacant until a successor town board supervisor is appointed or elected.

SB258, s. 96 Section 96. 60.76 (1) (a) of the statutes is renumbered 60.76 (1) and amended to read:

SB258,36,18 60.76 (1) Election of officers. Except as provided in par. (b), the The commission shall organize by electing one of its members president and appointing a secretary and treasurer.

SB258, s. 97 Section 97. 60.76 (1) (b) of the statutes is repealed.

SB258, s. 98 Section 98. 60.785 (2) (b) of the statutes is amended to read:

SB258,36,23 60.785 (2) (b) Within 60 days after the referendum, the appropriate town board shall appoint or provide for the initial election of commissioners or constitute itself as the commission for the consolidated district, as provided in s. 60.74.

SB258, s. 99 Section 99. 66.0217 (10) (b) of the statutes is renumbered 66.0217 (10) (b) (intro.) and amended to read:

SB258,37,3 66.0217 (10) (b) (intro.) For purposes of this section, if a number of electors cannot be determined on the basis of reported election statistics, the number shall be determined in accordance with s. 60.74 (6). as follows:

SB258, s. 100 Section 100. 66.0217 (10) (b) 1. to 3. of the statutes are created to read:

SB258,37,6 66.0217 (10) (b) 1. The area of the territory in square miles shall be divided by the area, in square miles, of the municipality in which it lies.

SB258,37,9 2. The vote for governor at the last general election in the municipality within which the territory lies shall be multiplied by the quotient determined under subd. 1.

SB258,37,12 3. If a territory lies in more than one municipality, the method of determination under subds. 1. and 2. shall be used for each part of the territory which constitutes only a fractional part of any area for which election statistics are available.

SB258, s. 101 Section 101. 66.0219 (2) (a) of the statutes is amended to read:

SB258,37,22 66.0219 (2) (a) If, prior to the date set for hearing upon an application filed under sub. (1) (b), there is filed with the court a petition signed by a number of qualified electors residing in the territory equal to at least a majority of the votes cast for governor in the territory at the last gubernatorial election or the owners of more than one-half of the real property in assessed value in the territory, protesting against the annexation of the territory, the court shall deny the application for an annexation referendum. If a number of electors cannot be determined on the basis of reported election statistics, the number shall be determined in accordance with s. 60.74 (6) 66.0217 (10) (b).

SB258, s. 102 Section 102. 66.0227 (3) of the statutes is amended to read:

SB258,38,16 66.0227 (3) The governing body of a city, village or town involved may, or if a petition conforming to the requirements of s. 8.40 signed by a number of qualified electors equal to at least 5% of the votes cast for governor in the city, village or town at the last gubernatorial election, demanding a referendum, is presented to it within 30 days after the passage of either of the ordinances under sub. (2) shall, submit the question to the electors of the city, village or town whose electors petitioned for detachment, at a referendum election called for that purpose not less than 42 days nor more than 72 days after the filing of the petition, or after the enactment of either ordinance. The petition shall be filed as provided in s. 8.37. If a number of electors cannot be determined on the basis of reported election statistics, the number shall be determined in accordance with s. 60.74 (6) 66.0217 (10) (b). The governing body of the municipality shall appoint 3 election inspectors who are resident electors to supervise the referendum. The ballots shall contain the words "For Detachment" and "Against Detachment". The inspectors shall certify the results of the election by their attached affidavits and file a copy with the clerk of each town, village or city involved, and none of the ordinances may take effect nor be in force unless a majority of the electors approve the question. The referendum election shall be conducted in accordance with chs. 6 and 7 to the extent applicable.

SB258, s. 103 Section 103. 67.05 (5) (a) of the statutes is amended to read:

SB258,39,4 67.05 (5) (a) Whenever an initial resolution has been so adopted by the governing body of a town, the clerk of the municipality shall immediately record the resolution and call a special election for the purpose of submitting the resolution to the electors of the municipality for approval. This paragraph does not apply to bonds issued to finance low-interest mortgage loans under s. 62.237, unless a number of electors equal to at least 15% of the votes cast for governor at the last general election in their town sign and file a petition conforming to the requirements of s. 8.40 with the town clerk requesting submission of the resolution. Whenever a number of electors cannot be determined on the basis of reported statistics, the number shall be determined in accordance with s. 60.74 (6) 66.0217 (10) (b). If a petition is filed, the question submitted shall be whether the resolution shall or shall not be approved. This paragraph is limited in its scope by sub. (7).

SB258, s. 104 Section 104. 67.05 (7) (b) of the statutes is amended to read:

SB258,39,15 67.05 (7) (b) An initial resolution adopted by the governing body of a city for an issue of bonds for purposes specifically enumerated in sub. (5) need not be submitted to the electors under sub. (5) unless, within 30 days after the adoption thereof, a petition conforming to the requirements of s. 8.40 requesting such submission, signed by electors numbering at least 10% of the votes cast for governor in the city at the last general election, is filed in the office of the city clerk. Whenever a number of electors cannot be determined on the basis of reported statistics, the number shall be determined in accordance with s. 60.74 (6) 66.0217 (10) (b). Any initial resolution may, in the discretion of the governing body, by separate recorded resolution, be submitted to popular vote without a petition.

SB258, s. 105 Section 105. 67.05 (7) (e) of the statutes is amended to read:

SB258,40,5 67.05 (7) (e) An initial resolution adopted by the governing body of a city or village for an issue of bonds to create a revolving fund out of which to advance the cost of any work for which special assessments may be levied, in anticipation of the collection by the city or village treasurer of the special assessments, special improvement certificates and improvement bonds, made or issued for the cost thereof, need not be submitted to the electors under sub. (5) unless, within 30 days after the adoption thereof, a petition conforming to the requirements of s. 8.40 requesting such submission, signed by electors numbering at least 10% of the votes cast for governor in the city or village at the last general election, is filed in the office of the city or village clerk. Whenever a number of electors cannot be determined on the basis of reported statistics, the number shall be determined in accordance with s. 60.74 (6) 66.0217 (10) (b). If such petition is filed, proceedings shall be had under sub. (5). Any such resolution may, in the discretion of the governing body, by separate recorded resolution, be submitted to popular vote without the filing of a petition.

SB258, s. 106 Section 106. 200.09 (1) of the statutes is amended to read:

SB258,40,25 200.09 (1) A district formed under this subchapter shall be governed by a 5-member commission appointed elected for staggered 5-year terms. Except as provided in sub. (11), except that upon creation of a district, the initial commissioners shall be appointed jointly by the county board of the county in which the district is located. If the district contains territory of more than one county, the county boards of the counties not having the greatest population in the district shall appoint one commissioner each and the county board of the county having the greatest population in the district shall appoint the remainder. Of the initial appointments, the appointments for the shortest terms shall be made by the counties having the least amount of population, in reverse order of their population included in the district governing body or bodies of each city, village, and town whose territory is included within the district. The initial appointees shall serve for a term expiring on the 4th Monday of April of the 2nd year beginning after their appointment. Commissioners shall be residents of the district. Initial appointments shall be made no sooner than 60 days and no later than 90 days after issuance of the department order forming a district or after completion of any court proceedings challenging such order. A per diem compensation not to exceed $50 may be paid to commissioners. Commissioners may be reimbursed for actual expenses incurred as commissioners in carrying out the work of the commission.

SB258, s. 107 Section 107. 200.09 (9) of the statutes is repealed.

SB258, s. 108 Section 108. 200.09 (11) of the statutes is repealed.

SB258, s. 109 Section 109. 200.09 (11) (a) of the statutes is repealed.

SB258, s. 110 Section 110. 200.09 (11) (am) 1. of the statutes is renumbered 200.09 (11) and amended to read:

SB258,41,16 200.09 (11) If the governing bodies of each city, town and village comprising a district pass a resolution authorizing the election of commissioners to terms succeeding the initial appointments, commissioners Commissioners shall be chosen to fill vacant seats elected by the electors of the district at large at the spring elections, as defined in s. 5.02 (21), of the district at large election. Of the commissioners who are initially elected, one shall be chosen for a term of one year; one shall be chosen for a term of 2 years; one shall be chosen for a term of 3 years; one shall be chosen for a term of 4 years; and one shall be chosen for a term of 5 years. Each commissioner may hold office until a successor is elected and qualified, except as provided in s. 17.27 (1m). Any commissioner elected for a regular or unexpired term shall take office after filing the official oath on the 4th Monday in April.

SB258, s. 111 Section 111. 200.09 (11) (am) 2. and 3. of the statutes, as affected by 2007 Wisconsin Act 1, are repealed.

SB258, s. 112 Section 112. 200.09 (11) (b) of the statutes is repealed.

SB258, s. 113 Section 113. 200.11 (9) of the statutes is amended to read:

SB258,41,24 200.11 (9) Extraterritorial service by contract. A district may provide service to territory outside the district, including territory in a county not in that district, under s. 66.0301, subject to ss. 200.01 to 200.15 and 200.45 , except that s. 200.09 (1) does not require the appointment of a commissioner from that territory.

SB258, s. 114 Section 114. 200.15 (4) of the statutes is repealed.

SB258, s. 115 Section 115. 200.23 (2) of the statutes is repealed and recreated to read:

SB258,42,3 200.23 (2) Composition of the commission. (a) The commission is composed of 11 members who are elected from 11 subdistricts within the district.

SB258,42,6 (b) Each commissioner shall be a resident of the subdistrict from which he or she is elected. A commissioner who ceases to reside in the subdistrict from which he or she was elected vacates his or her office.

SB258,42,15 (c) Commissioners shall be nominated by nomination papers. Candidates for the office of commissioner shall specify on their nomination papers the subdistrict number from which they seek office. The terms of commissioners shall be 2 years, beginning on the 2nd Tuesday in July following their election, except that the terms of the members who are initially elected to office representing even-numbered subdistricts shall expire on the the 2nd Tuesday in July of the first even-numbered year following their election, and the terms of the members who are initially elected to office representing odd-numbered subdistricts shall expire on the 2nd Tuesday of July of the first odd-numbered year following their election.

SB258,42,18 (d) Commissioners may be removed from office, for cause, as provided in s. 17.13 (3) and may be recalled under s. 9.10. Vacancies in the office of commissioner shall be filled as provided in s. 17.27 (1g).

SB258,43,13 (e) No later than 5 p.m. on the 2nd Tuesday in January, the secretary of the district shall certify to the county clerk or board of election commissioners of each county in which the district is contained the names of candidates who have filed valid nomination papers for the office of commissioner and who are eligible to have their names appear on the ballot under s. 8.30. If any municipality contained within the district prepares its own ballots under s. 7.15 (2) (c), the secretary shall also certify the names of candidates to the municipal clerk or board of election commissioners of that municipality. In making these certifications, the secretary shall designate the form of each candidate's name to appear on the ballot in the manner prescribed under s 7.08 (2) (a). If a primary is held for the office of commissioner within any subdistrict of the district, the secretary shall similarly certify the names of the candidates who have won nomination to the office of commissioner and who are eligible to have their names appear on the ballot in the manner prescribed in s. 7.08 (2) (a). The secretary shall furnish one copy of the type A notice under s. 10.01 (2) (a) to each clerk or board of election commissioners to whom a certification is required. If paper ballots are used at a district election, the secretary shall provide each municipal clerk or board of election commissioners with an adequate supply of ballots for the election at least 22 days before the election. The secretary shall issue certificates of election to persons who are elected to the office of commissioner after each election in the manner provided under s. 7.53 (4).

SB258, s. 116 Section 116. 200.25 (1) to (4) of the statutes are repealed.

SB258, s. 117 Section 117. 200.25 (7) (a) of the statutes is repealed and recreated to read:

SB258,44,12 200.25 (7) (a) Within 60 days after the municipal governing body of each municipality that is wholly or partly contained within the district enacts an ordinance or resolution under s. 5.15 dividing the municipality into wards, if the municipality is required to do so, or otherwise within 60 days after the population count by block, established in the federal decennial 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, the commission shall, by a majority vote of the members of the commission, adopt a revised plan for the apportionment of subdistricts within the district. The subdistricts under the plan shall be assigned consecutive whole numbers beginning with the number one. Each subdistrict under the plan shall consist of contiguous whole wards or municipalities and shall be equal in population insofar as practicable. For purposes of this paragraph, "island territory," as defined in s. 5.15 (2) (f) 3., shall be considered contiguous to the other parts of the municipality to which it belongs. In developing the plan, the commission shall give due consideration to maintaining the compactness of subdistricts, maintaining the integrity of counties and municipalities within subdistricts, maintaining communities of interest within subdistricts, and fostering politically competitive subdistricts. The secretary of the commission shall certify and record an official copy of the plan in the office of the district. The plan shall be effective until the commission adopts a revised plan under this subsection following the next federal decennial census, unless otherwise ordered by a court under par. (b).

SB258, s. 118 Section 118. 200.25 (8) of the statutes is repealed.

SB258, s. 119 Section 119. 200.27 (1) of the statutes is amended to read:

SB258,44,19 200.27 (1) Quorum. Six commissioners constitute a quorum for the transaction of business. If after reapportionment under s. 200.25 (7) the number of commissioners is increased to 12 or 13, 7 commissioners constitute a quorum. If after reapportionment under s. 200.25 (7) the number of commissioners is reduced to 9 or 10, 5 commissioners constitute a quorum.

SB258, s. 120 Section 120. 200.27 (3) of the statutes is amended to read:

SB258,45,8 200.27 (3) Chairperson. The At a commission's first meeting after an election of commissioners the terms of whom begin on the 2nd Tuesday in July, the commission shall elect one commissioner as chairperson of the commission, for a one-year term specified by rule by the commission. The term shall begin on the date the chairperson is elected and shall end one year later, except that if a successor has not been elected by the end of the chairperson's term, the term shall end on the date on which a successor is elected. The chairperson is removable at pleasure by a majority vote of the members of the commission if a quorum is present at the meeting at which the vote occurs. The chairperson shall preside over the meetings of the commission and shall perform other duties imposed upon the chairperson by this subchapter or assigned by the commission. The commission may also appoint a vice chairperson who may exercise the powers and shall perform the duties of the chairperson in the absence or disability of the chairperson.

SB258, s. 121 Section 121. 229.42 (3) of the statutes is amended to read:

SB258,45,18 229.42 (3) The district shall be governed by its board of directors and, except for the 3rd member described under sub. (4) (d) who is either a chief executive officer of a municipality or a resident of the district, which shall be elected at large by the electors of the district at the spring election to serve for terms of 3 years, except as provided in sub. (7). All board members shall be residents of the district. Board members shall take office on the 4th Tuesday of April. The members who are initially appointed to serve as the board of directors under sub. (7) may not act until all of the persons appointed to its board are certified under s. 229.435. The board of directors shall adopt bylaws to govern the district's activities, subject to this subchapter.

SB258, s. 122 Section 122. 229.42 (4) (intro.) of the statutes is renumbered 229.42 (4) and amended to read:

SB258,45,23 229.42 (4) If the sole sponsoring municipality is a 1st class city, the board of directors shall consist of 15 members, who shall be qualified and appointed, subject to sub. (7) (b), as follows:.

SB258, s. 123 Section 123. 229.42 (4) (a) to (f) of the statutes are repealed.

SB258, s. 124 Section 124. 229.42 (5) of the statutes is amended to read:

SB258,46,6 229.42 (5) (a) If a district has 2 or more sponsoring municipalities, one of which is a 1st class city, the board of directors shall consist of 8 members appointed by the chief executive officers of the sponsoring municipalities. The allocation of appointments by the chief executive officers and the expiration dates of the terms of office shall be specified in the enabling resolutions. The directors shall be subject to sub. (7) (a).

SB258,46,11 (b) If a district has 2 or more sponsoring municipalities, none of which is a 1st class city, the board of directors shall consist of 6 members appointed by the chief executive officer of each sponsoring municipality. The allocation of appointments by the chief executive officers and the expiration dates of the terms of office shall be specified in the enabling resolutions. The directors shall be subject to sub. (7) (a).

SB258, s. 125 Section 125. 229.42 (6) of the statutes is amended to read:

SB258,46,24 229.42 (6) If the sole sponsoring municipality is not a 1st class city, the board of directors shall consist of 6 members, all of whom shall reside in the area of the district's jurisdiction and shall be appointed by the sponsoring municipality's chief executive officer, subject to sub. (7) (a). The expiration dates of the members' terms of office shall be specified in the enabling resolution. Three of the directors shall be elected or appointed public officials of the sponsoring municipality, one shall own, operate or manage an enterprise that is located within the district's jurisdiction and that has a significant involvement with the hotel, motel and lodging industry, one shall own, operate or manage an enterprise that is located within the district's jurisdiction and that has a significant involvement with the food and beverage industry and one shall be an at-large appointment who is an employee or officer of a private sector entity.

SB258, s. 126 Section 126. 229.42 (7) (a) of the statutes is amended to read:

SB258,48,12 229.42 (7) (a) Appointments Initial appointments or appointments to fill vacancies in the membership of the board of directors by the chief executive officer under subs. (5) and (6) of a sponsoring municipality shall be subject to confirmation by the governing body of the sponsoring municipality. The terms of office of the public sector members of the board of directors shall be 3 years and shall expire upon the earlier of a date specified in the enabling resolution or the expiration of their respective terms of public office. The terms of office of the members who are officers or employees of a private sector entity shall be 3 years, except that for the initial appointments for or, if there is more than one sponsoring municipality, by the governing body of each sponsoring municipality. In a newly created district, the initial members shall be appointed by the chief executive officer of the sponsoring municipality or, if there is more than one sponsoring municipality, by a committee consisting of the chief executive officers of the sponsoring municipalities. Of the members of the board of directors who are initially elected to office, the secretary of the district shall designate, no later than November 15 preceding the date of the spring election at which members of the board of directors are initially elected, one-third of the appointments of such members shall to be elected for one year terms expiring on the 4th Tuesday of April of the 3rd year beginning after the date of creation of the district, one-third shall to be elected for 2 years terms expiring on the 4th Tuesday of April of the 4th year beginning after the year in which the district is created, and one-third shall to be elected for 3 years terms expiring on the 4th Tuesday of April of the 5th year beginning after the year in which the district is created. If the number of members who are officers or employees of a private sector entity of the board of directors is not divisible by 3, for the initial appointments of such members for a newly created district, the secretary of the district shall designate, no later than November 15 preceding the date of the spring election at which district board members are initially elected approximately one-third of the appointments shall members to be for one year elected for terms expiring on the 4th Tuesday of April of the 3rd year beginning after creation of the district, approximately one-third shall of the members to be for 2 years elected for terms expiring on the 4th Tuesday of April of the 4th year beginning after creation of the district, and approximately one-third shall of the members to be for 3 years. No members who are officers or employees of a private sector entity may serve more than 2 consecutive full terms. Members may be removed from the board of directors prior to the expiration of their terms only by the chief executive officer and only for malfeasance or nonfeasance in office elected for terms expiring on the 4th Tuesday of April of the 5th year beginning after creation of the district.

SB258, s. 127 Section 127. 229.42 (7) (b) 1. of the statutes is renumbered 229.42 (7) (b) and amended to read:

SB258,48,24 229.42 (7) (b) Subject to subds. 2. and 3., the The terms of office of the individuals who are initially appointed to serve as members of the board shall be 3 years, except that for the initial appointments for of directors in a newly created district, as specified in the enabling resolution, 4 of the appointments shall be for one year, 4 appointments, including the 3 members appointed under sub. (4) (d), shall be for 2 years and 4 appointments shall be for 3 years. The cochairpersons of the joint committee on finance or their designees shall serve on the board for a term that is concurrent with their terms in office and the comptroller's appointment shall be for the comptroller's tenure in his or her position expire on the 4th Tuesday of April of the 2nd year beginning after the year in which the district is created.

SB258, s. 128 Section 128. 229.42 (7) (b) 2. and 3. of the statutes are repealed.

SB258, s. 129 Section 129. 229.42 (7) (c) of the statutes is created to read:

SB258,49,6 229.42 (7) (c) Vacancies in the membership of the board of directors may be filled for the residue of the unexpired term by appointment of the chief executive officer of the sponsoring municipality, or if there is more than one sponsoring municipality, by a committee consisting of the chief executive officers of each sponsoring municipality, subject to confirmation under par. (a).

SB258, s. 130 Section 130. 229.435 of the statutes is amended to read:

SB258,49,16 229.435 Certification of names of initial board members. Within 30 days after a sponsoring municipality files an enabling resolution under s. 229.42 (1) (b), each person who may appoint members to a board of directors under s. 229.42 (4), (5) or (6) the clerk of the sponsoring municipality, or if there is more than one sponsoring municipality, the clerk of each sponsoring municipality shall certify to the department of administration the names of the persons who are initially appointed to serve as members of the board of directors under s. 229.42 (5) or (6) or, if the sole sponsoring municipality is a 1st class city, the names of the persons appointed to the board of directors under s. 229.42 (4).