SB275: Bill Text

This bill changes the membership of district boards so that they consist of the following nine members: six business persons, one school district administrator, one elected state or local official, and one additional member. The bill defines "business person" as an owner, officer, director, member, manager, partner, operator, or employee of any of the following entities: 1) a business entity that is operated for profit; 2) a nonprofit hospital, clinic, or other health care organization or facility; or 3) a federal or state credit union. "Business person" is defined to also include a retired person who, prior to retirement, earned a substantial portion of his or her income as owner, officer, director, member, manager, partner, operator, or employee of any of the foregoing entities. The bill does not otherwise affect the requirements for appointing members.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB275, s. 1 Section 1. 38.08 (1) of the statutes is renumbered 38.08 (1d), and 38.08 (1d) (a) 1. and 2., as renumbered, are amended to read:

SB275,2,8 38.08 (1d) (a) 1. A district board shall administer the district and shall be composed of 9 members who are residents of the district, including 2 employers, 2 employees, 3 6 business persons, one additional members member, a school district administrator, as defined under s. 115.001 (8), and one elected official who holds a state or local office, as defined in s. 5.02. The board shall by rule define "employer" and "employee" for the purpose of this subdivision.

SB275,2,17 2. The employer and employee business person members of the district board shall be representative of the various businesses and industries in the district. The school district administrator shall be employed by the school board of a school district located in the district. Of the 3 additional members, no more than 2 may be employers, no more than 2 may be employees, no more than 3 may be school district administrators and no more than 3 may be elected officials. No 2 members of the district board may be officials of the same governmental unit nor may any district board member be a member of the school board that employs the school district administrator member.

SB275, s. 2 Section 2. 38.08 (1b) of the statutes is created to read:

SB275,2,19 38.08 (1b) In this in section, "business person" means any of the following:

SB275,2,21 1. An owner, officer, director, member, manager, partner, operator, or employee of any of the following entities:

SB275,3,1 a. A business entity that is operated for profit.

SB275,3,3 b. A hospital, health care clinic, or other health care facility or organization, that is nonprofit.

SB275,3,4 c. A federal or state credit union.

SB275,3,7 2. A retired person who, prior to retirement, earned a substantial portion of his or her income as an owner, officer, director, member, manager, partner, operator, or employee of any entity specified in subd. 1. a. to 1. c.

SB275, s. 3 Section 3. 38.08 (2m) of the statutes is amended to read:

SB275,3,11 38.08 (2m) Any member of a district board serving as an elected official under sub. (1) (1d) (a) 1. shall cease to be a member upon vacating his or her office as an elected official.

SB275, s. 4 Section 4. 38.10 (2) (c) of the statutes is amended to read:

SB275,3,23 38.10 (2) (c) At the meeting and prior to the appointment of district board members, the appointment committee shall formulate a plan of representation for the membership of the district board. The plan shall give equal consideration to the general population distribution within the district and the distribution of women and minorities within the district. The plan of representation for the membership of the district board that governs a district encompassing a 1st class city shall also give equal consideration to the distribution of minorities within the 1st class city. The plan shall form the basis upon which membership of the district board is determined. The board shall review district board appointments to determine whether they comply with the provisions of the plan and the requirements of s. 38.08 (1) (1d) (a).

SB275, s. 5 Section 5. 38.10 (2) (fm) of the statutes is amended to read:

SB275,4,13 38.10 (2) (fm) If the board determines under par. (c) that district board appointments do not comply with the plan of representation under par. (c) or do not comply with s. 38.08 (1) (1d) (a), the board shall notify the appointment committee that the district board appointments are in noncompliance. Within 45 days after receipt of the board's determination that the district board appointments are in noncompliance, the appointment committee shall make district board appointments that comply with the provisions of the plan of representation under par. (c) and with s. 38.08 (1) (1d) (a). The board shall review any appointments made under this paragraph. If the board determines that the appointments made under this paragraph do not comply with a plan of representation under par. (c) or do not comply with s. 38.08 (1) (1d) (a), the board shall formulate a plan of representation that conforms with par. (c) and the board shall appoint the district board members in accordance with the plan of representation and with s. 38.08 (1) (1d) (a).

SB275, s. 6 Section 6. Nonstatutory provisions.

SB275,4,15 (1) Transitional provisions.

SB275,4,16 (a) In this subsection:

SB275,4,18 1. "Appointment committee" means an appointment committee constituted under section 38.10 (1) of the statutes.

SB275,4,21 2. "Additional member" means an additional member of a district board specified in section 38.08 (1) (a) 1., 2009 stats., who is not an employer, employee, school district administrator, or elected official member of the district board.

SB275,4,24 3. "Business person member" means a member of a district board that is a business person, as defined in section 38.08 (1b) of the statutes, as created by this act.

SB275,4,25 4. "District board" has the meaning given in section 38.01 (6) of the statutes.

SB275,5,2 5. "Employer member" means an employer member of a district board specified in section 38.08 (1) (a) 1., 2009 stats.

SB275,5,4 6. "Employee member" means an employee member of a district board specified in section 38.08 (1) (a) 1., 2009 stats.

SB275,5,7 (b) Notwithstanding section 38.08 (1d) of the statutes, as affected by this act, a member of a district board on the effective date of this paragraph may continue to serve as a member until the expiration of his or her term.

SB275,5,11 (c) An appointment committee for a district board shall appoint a business person member to the district board to fill the vacancy of the employer member of the district board whose term expires on June 30, 2012, and to fill the vacancy of the employee member of the district board whose term expires on June 30, 2012.

SB275,5,17 (d) An appointment committee for a district board shall appoint a business person member to the district board to fill the vacancy of the additional member of the district board whose term expires on June 30, 2013, to fill the vacancy of the employer member of the district board whose term expires on June 30, 2013, and to fill the vacancy of the employee member of the district board whose term expires on June 30, 2013.

SB275,5,20 (e) An appointment committee for a district board shall appoint a business person member to the district board to fill the vacancy of one of the additional members of the district board whose term expires on June 30, 2014.

SB275,5,21 (End)