SB258: Bill Text

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).

SB258, s. 131 Section 131. 229.822 (2) (intro.) of the statutes is renumbered 229.822 (2) and amended to read:

SB258,49,25 229.822 (2) A district is governed by its district board. Subject to sub. (3), the district board shall consist of the following members who shall be appointed not later than 30 days after the creation of a district: The district board shall consist of 8 members, who shall be elected at large by the electors of the district at the spring election to serve for terms of 2 years, except as provided in sub. (3). All board members shall be residents of the district. District board members shall take office on July 1.

SB258, s. 132 Section 132. 229.822 (2) (a) to (c) of the statutes are repealed.

SB258, s. 133 Section 133. 229.822 (3) of the statutes is amended to read:

SB258,51,4 229.822 (3) Upon creation of a district, the initial district board members shall be appointed jointly by a committee consisting of the chief elected officials of the city and county in which the football stadium is located and the chief elected official of any municipality that has a boundary at the time of creation of the district that is contiguous to a boundary of the site of the football stadium. The initial district board members shall be appointed not later than 30 days after the creation of a district. Upon making an appointment under sub. (2), the appointing authorities committee shall certify the appointees name of each appointee to the secretary of administration. The terms of office of the persons appointed under sub. (2) shall be 2 years expiring on July 1, except that the initial terms shall expire on July 1 of the 4th year beginning after the year of creation of a district. Persons appointed under sub. (2) serve at the pleasure of their appointing authorities, and may be removed before the expiration of their terms. The terms of office of the district board members who are initially appointed to office shall expire on July 1 of the 2nd year beginning after the year in which the district is created. Vacancies shall in the membership of the district board may be filled by the appointing authority who appointed the person whose office is vacant. A person appointed to fill a vacancy under sub. (2) shall serve for the remainder of the unexpired term to which he or she is appointed unless removed at an earlier time. The appointing authorities shall confer with one another regarding their appointments with a view toward achieving diversity on the district board for the residue of the unexpired term in the same manner as initial appointments are made. Of the district board members 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 district board members are initially elected, 4 to serve for terms expiring on July 1 of the 3rd year beginning after the year in which the district is created and 4 to serve for terms expiring on July 1 of the 4th year beginning after the year in which the district is created.

SB258, s. 134 Section 134. 229.822 (6) of the statutes is amended to read:

SB258,51,8 229.822 (6) Upon the appointment and qualification of a majority of the members of a the district board in a newly created district, the district board may exercise the powers and duties of a district board under this subchapter.

SB258, s. 135 Section 135. 229.842 (1) (b) of the statutes is amended to read:

SB258,51,13 229.842 (1) (b) The sponsoring city's common council adopts a resolution that approves the mayor's proclamation, and delivers a copy of the resolution to the governor. The resolution under this paragraph may contain a procedure that the mayor must follow in appointing persons to the board under sub. (2) (c).

SB258, s. 136 Section 136. 229.842 (2) (intro.) of the statutes is renumbered 229.842 (2) and amended to read:

SB258,51,23 229.842 (2) A district is governed by its district board. If the sponsoring city is a 1st class city, sub. (4) applies but pars. (a) to (d) and sub. (3) do not apply and the 1st class city's common council shall determine the membership, structure, qualifications and selection procedures for the district board. If the sponsoring city is not a 1st class city, the district board shall consist of the following members, subject to sub. (4): The district board shall consist of 13 members, who shall be elected at large by the electors of the district at the spring election to serve for terms of 4 years, except as provided in sub. (3). District board members shall take office on July 1.

SB258, s. 137 Section 137. 229.842 (2) (a) to (d) of the statutes are repealed.

SB258, s. 138 Section 138. 229.842 (3) (a) (intro.) of the statutes is renumbered 229.842 (3) (a) and amended to read:

SB258,52,19 229.842 (3) (a) The persons Upon creation of a district, the initial district board members shall be jointly appointed under sub. (2) (b) to (d) shall serve staggered terms of 4 years expiring on by a committee consisting of the governor, the mayor of the sponsoring city, and the county executive or board chairperson of the county in which the greatest portion of the population of the city is located. Upon making an appointment, the committee shall certify the name of each appointee to the secretary of administration. The terms of office of the district board members who are initially appointed to office shall expire on July 1 of the 2nd year beginning after the year in which the district is created. Of the district board members 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 district board members are initially elected, 3 to serve for terms expiring on July 1, except that: of the 2nd year beginning after the year in which the district is created, 3 to serve for terms expiring on July 1 of the 4th year beginning after the year in which the district is created, 3 to serve for terms expiring on July 1 of the 5th year beginning after the year in which the district is created, and 4 to serve for terms expiring on July 1 of the 6th year beginning after the year in which the district is created.

SB258, s. 139 Section 139. 229.842 (3) (a) 1. to 4. of the statutes are repealed.

SB258, s. 140 Section 140. 229.842 (3) (b) of the statutes is repealed.

SB258, s. 141 Section 141. 229.842 (3) (c) of the statutes is amended to read:

SB258,53,8 229.842 (3) (c) Persons appointed under sub. (2) (b) to (d) Each district board member must have resided within 25 miles of the sponsoring city's city hall for at least one year before their appointment. Persons appointed under sub. (2) (b) to (d) may be removed from the district board before the expiration of their terms by the appointing authority but only for cause, as defined in s. 17.001 taking office. Vacancies shall in the membership of the district board may be filled by the appointing authority who appointed the person whose office is vacant in the same manner as initial appointments are made. A person appointed to fill a vacancy under sub. (2) (b) to (d) shall serve for the remainder of the unexpired term to which he or she is appointed. The appointing authorities shall confer with one another regarding their appointments with a view toward achieving diversity on the district board.

SB258, s. 142 Section 142. 229.842 (4) of the statutes is repealed.

SB258, s. 143 Section 143. 229.842 (7) of the statutes is amended to read:

SB258,53,13 229.842 (7) Upon the initial appointment and qualification of at least 7 of the members of a district board, the district board may exercise the powers and duties of a district board under this subchapter.

SB258, s. 144 Section 144 . Nonstatutory provisions.

SB258,54,9 (1) Election of initial technical college 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.

SB258,54,21 (2) Technical college district boards; 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.

SB258,55,2 (3) Technical college district boards; vacancies. Notwithstanding section 38.10, 2003 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.

SB258,56,4 (4) Metropolitan sewerage district initial apportionment plan. Notwithstanding section 200.25 (7) (a) of the statutes, as affected by this act, the initial plan of apportionment of subdistricts within any metropolitan sewerage district created under section 200.23, 2003 stats., that is in existence on the effective date of this subsection shall be prescribed in accordance with this subsection. For the purpose of implementing an initial plan of apportionment in any such district, there is created a legislative special committee to be called the joint committee for Milwaukee Metropolitan Sewerage District subdistricting. The committee shall consist of 5 representatives to the assembly and 5 senators, with 4 members in each house representing the majority party and one member in each house representing the minority party. Members shall be appointed in the same manner as members of standing committees are appointed in their respective houses. Each house shall ensure that at least 3 of the members representing that house represent legislative districts that include territory lying within the metropolitan sewerage district that is being apportioned. The committee shall recommend an initial plan of apportionment of the subdistricts within the metropolitan sewerage district in the form of a bill which shall be introduced by the committee. The plan shall be based upon the most recent federal decennial census of population on the effective date of this subsection. In prescribing its recommended plan of apportionment, the committee shall adhere to the same standards that are applicable to a metropolitan sewerage commission in prescribing a plan of apportionment under section 200.25 (7) (a) of the statutes, as affected by this act. Each house of the legislature shall consider the bill within 45 days of introduction. If the bill introduced by the committee is passed by the legislature but does not become law, the committee shall recommend an alternative bill prescribing subdistricts within the metropolitan sewerage district which shall be considered in a like manner. The committee ceases to exist upon enactment of a bill recommended by the committee.

SB258,56,10 (5) Metropolitan sewerage commission under s. 200.23; term expiration. Notwithstanding section 200.25 (1), 2003 stats., the terms of office of the members of each metropolitan sewerage commission created under section 200.23, 2003 stats., that is in existence on the effective date of this subsection shall expire on the date of commencement of the terms of office of their successors elected under section 200.23 (2) of the statutes, as affected by this act.

SB258,56,21 (6) Other metropolitan sewerage commissions; initial terms. Notwithstanding section 200.09 (1) of the statutes, as affected by this act, the terms of office of the commissioners of each metropolitan sewerage district organized under subchapter I of chapter 200 of the statutes that is in existence on the effective date of this subsection shall expire on the 4th Monday of April of 2009. At the 2009 spring election in each such district, one commissioner shall be elected for a term expiring on the 4th Monday of April 2010; one commissioner shall be elected for a term expiring on the 4th Monday of April 2011; one commissioner shall be elected for a term expiring on the 4th Monday of April 2012; one commissioner shall be elected for a term expiring on the 4th Monday of April 2013; and one commissioner shall be elected for a term expiring on the 4th Monday of April 2014.

SB258,57,4 (7) Town Sanitary district commissions; initial terms. Notwithstanding section 60.75 (2) of the statutes, as affected by this act, the terms of office of the commissioners of each town sanitary district commission that is in existence on the effective date of this subsection shall expire on the 3rd Monday of April of 2009. At the 2009 spring election in each such district, one commissioner shall be elected for a term expiring on the 3rd Monday of April of 2011; one commissioner shall be elected for a term expiring on the 3rd Monday of April of 2013; and one commissioner shall be elected for a term expiring on the 3rd Monday of April of 2015.

SB258,57,17 (8) Local exposition district boards of directors; initial terms. Notwithstanding section 229.42 (3) of the statutes, as affected by this act, the terms of office of the members of the board of directors of each exposition district created under subchapter II of chapter 229 of the statutes that is in existence on the effective date of this subsection shall expire on the 4th Tuesday of April of 2009. At the 2009 spring election in each such district, the secretary of each such district shall, no later than November 15 preceding the date of the election at which district board members are initially elected, designate one-third, or if the number of board members is not divisible by 3, approximately one-third of the board members to be elected for terms expiring on the 4th Tuesday of April of 2010; one-third or approximately one-third of the board members to be elected for terms expiring on the 4th Tuesday of April of 2011; and one-third or approximately one-third of the board members to be elected for terms expiring on the 4th Tuesday of April of 2012.

SB258,58,2 (9) Local professional football stadium district board members; initial terms. Notwithstanding section 229.822 (2) of the statutes, as affected by this act, the terms of office of the members of the district board of each professional football stadium district created under subchapter IV of chapter 229 of the statutes that is in existence on the effective date of this subsection shall expire on July 1, 2009. At the 2009 spring election in each such district, the secretary of the district shall designate 4 of the district board members to be elected for terms expiring on July 1, 2010 and 4 of the district board members to be elected for terms expiring on July 1, 2011.

SB258,58,13 (10) Local cultural arts district board members; initial terms. Notwithstanding section 229.842 (2) of the statutes, as affected by this act, the terms of office of the members of the district board of each cultural arts district created under subchapter V of chapter 229 of the statutes that is in existence on the effective date of this subsection shall expire on July 1, 2009. At the 2009 spring election in each such district, the secretary of the district shall, no later than November 15 preceding the date of the election, designate 3 of the district board members to be elected for terms expiring on July 1, 2010, 3 of the district board members to be elected for terms expiring on July 1, 2011, 3 of the district board members to be elected for terms expiring on July 1, 2012, and 4 of the district board members to be elected for terms expiring on July 1, 2013.

SB258,58,15 (11) Process for popular election of district board members in local professional baseball park districts.

SB258,59,3 (a) There is created a special committee for each local professional baseball park district that is in existence on the effective date of this subsection. The committee shall consist of the county executive of each county having territory within the district on that date, or the chairperson of the county board of supervisors if there is no executive. Within 30 days after the effective date of this subsection, the county executive or board chairperson of the county within the district having the largest population on the effective date of this subsection shall call an initial meeting of the committee. At the initial meeting, the committee shall elect a chairperson, vice chairperson, and secretary. The committee may call upon any county having territory within the district to provide staffing assistance to the committee and may assess all counties having territory within the district for reasonable staffing costs in a manner determined by the committee. Each county shall provide the assistance requested and shall pay the assessments imposed.

SB258,59,7 (b) The special committee shall report to the 2009 legislature when it convenes, in the same manner as provided in section 13.172 (2) of the statutes, concerning the committee's recommendation for a process for popular election of the members of the district board of the local professional baseball park district.

SB258, s. 145 Section 145 . Effective dates. This act takes effect on August 1, 2008, except as follows:

SB258,59,12 (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), (2m), and (6), and 38.10 of the statutes takes effect on July 1, 2009.

SB258,60,10 (2) The treatment of sections 5.15 (1) (c) and (2) (f) 6., 5.58 (2m) (with respect to the election of metropolitan sewerage commissioners in districts created under section 200.23 of the statutes), 5.60 (4m), 7.10 (1) (a), 7.51 (3) (b) and (d), (4) (b), and (5), 7.53 (3n), 7.60 (4) (a) (with respect to the election of metropolitan sewerage commissioners in districts created under section 200.23 of the statutes) and (5) (a) (with respect to the election of metropolitan sewerage commissioners in districts created under section 200.23 of the statutes), 7.70 (3) (d) (with respect to the election of metropolitan sewerage commissioners in districts created under section 200.23 of the statutes), 8.10 (6) (f), 8.11 (2g) (a), 9.10 (1) (a) (with respect to the election of metropolitan sewerage commissioners in districts created under section 200.23 of the statutes), (2) (d), (3) (a) (with respect to the election of metropolitan sewerage commissioners in districts created under section 200.23 of the statutes), (4) (a) (with respect to the election of metropolitan sewerage commissioners in districts created under section 200.23 of the statutes) and (d) (with respect to the election of metropolitan sewerage commissioners in districts created under section 200.23 of the statutes), and (7) (with respect to the election of metropolitan sewerage commissioners in districts created under section 200.23 of the statutes), 10.05, 11.02 (3) (with respect to the election of metropolitan sewerage commissioners in districts created under section 200.23 of the statutes) and (9), 11.26 (1) (d) 2. and (2) (e) 2., 11.31 (1) (g) 1. d., 17.01 (11n), 17.13 (intro.) and (3), 17.27 (1g) and (1m) (title), 200.23 (2), 200.25 (1) to (4), (7) (a), and (8), and 200.27 (1) and (3) of the statutes takes effect on November 15 following the effective date of a plan of apportionment enacted in the manner described under Section 144 (4) of this act.

SB258,60,12 (3) Section 144 (4 ), (5), (6), (7 ), (8), (10), and (11) of this act takes effect on the day after publication.

SB258,60,14 (4) The treatment of sections 17.02 (5) and 17.17 (2m) of the statutes takes effect on the 4th Monday of April 2009.

SB258,60,15 (End)