2019 - 2020 LEGISLATURE
December 5, 2019 - Introduced by Representatives Quinn, Summerfield, Ballweg,
Brooks, Doyle, Duchow, Edming, Felzkowski, James, Kitchens, Krug, Kulp,
Kurtz, Magnafici, B. Meyers, Milroy, Mursau, Novak, Oldenburg,
Petersen, Petryk, Schraa, Swearingen, Tittl, Tusler, VanderMeer,
Wichgers, Wittke and Vruwink, cosponsored by Senators Jacque,
Tiffany,
Bernier, Bewley, LeMahieu, Marklein, Ringhand and Schachtner. Referred
to Committee on Local Government.
AB661,1,9
1An Act to renumber 60.61 (1m);
to renumber and amend 17.25 (1);
to amend
217.13 (3), 19.84 (1) (b), 60.30 (1e) (e), 60.307 (3) (b), 60.37 (4) (a), 60.61 (1m)
3(title), 62.23 (9) (title) and 70.47 (2); and
to create 17.13 (2m), 17.25 (1) (a) 2.,
460.30 (5) (c), 60.61 (1m) (b) and 62.23 (9) (c) of the statutes;
relating to: the way
5town board vacancies are filled; public notice requirements for governmental
6meetings; appointment and removal procedures for certain town officeholders;
7a process for an applicant to appeal a permit denial to the governing body of a
8city, village, or town; wages paid to an elected town officer who also serves as
9a town employee; and the term of appointed town assessors.
Analysis by the Legislative Reference Bureau
This bill makes changes to 1) the method of filling town board of supervisors
vacancies; 2) public notice requirements for certain governmental meetings; 3)
appointment and removal procedures for certain town officeholders; 4) procedures
to appeal the denial of a temporary use permit or extension; 5) the maximum wages
that may be paid to elected town officers who also serve as town employees; and 6)
the term of a town assessor.
Under current law, a vacancy on a town board is filled at a special election or
by an appointment made by the remaining town board supervisors and the town
clerk. The bill provides that if there are two vacancies on the town board, the
remaining supervisors, the town clerk, and the town treasurer appoint an individual
to fill one vacancy and the remaining supervisors, including the appointee, and the
town clerk appoint an individual to fill the other vacancy. The bill also provides that
if there are not at least three individuals available to make appointments, the town
clerk, or the county clerk if the town clerk position is vacant, must call a special town
meeting of the electors to vote to fill the number of vacancies necessary so that the
supervisors, including the appointees, and the town clerk and town treasurer may
make appointments to fill the remaining vacancies.
Generally, under current law, if a town board is authorized by a town meeting
to appoint instead of elect persons to offices, the board must appoint a person to fill
the office of town clerk, town treasurer, or both, and the board must make the initial
appointment not fewer than 30 days nor more than 60 days after the town meeting
at which the authorization is given. The bill repeals the requirement relating to the
timing of when the town board must make the initial appointment.
Current law provides a number of methods by which public notice must be given
for meetings of a governmental body, including a property tax board of review which
reviews local property tax rolls. “Governmental body” is defined as a state or local
agency, board, commission, committee, council, department or public body corporate
and politic created by constitution, statute, ordinance, rule or order, including
certain special purpose districts such as a local exposition district. The bill expands
how public notice of a meeting of a governmental body may be given.
Under current law, if a village board trustee is temporarily incapacitated
because of physical or mental disability, the board may appoint a person to discharge
the trustee's duties until the disability is removed. The bill creates a similar
provision for a member of a town board of supervisors who is temporarily
incapacitated in a similar way.
Current law provides that an elective village officer may be removed for the
continued physical inability to perform the duties of office or gross neglect of duty by
a majority vote of all the members of the village board. The bill creates a similar
removal provision for any elective town officer.
The bill authorizes an applicant to appeal the denial of a temporary use permit
application or permit extension application by the chief of a fire district if the basis
of the denial is a discretionary determination. Under the bill, the applicant may
appeal the denial to the common council or village or town board to which the
application relates. Following a hearing on the denial, the council or board may
approve the applicant's permit or extension application.
Generally, under current law, an elected town officer who also serves as a town
employee may be paid an hourly wage not exceeding $5,000 each year for serving as
a town employee, except that if the individual is an elected town clerk or town
treasurer or an officer serving as a combined town clerk and town treasurer, the
maximum hourly wage he or she may be paid for serving as a town employee is
$15,000 each year. Under the bill, any elected town officer who serves as a town
employee may be paid an hourly wage not exceeding $15,000 each year for serving
as a town employee.
The bill extends from three years to five years the maximum contract length
that a town can engage in with an appointed assessor.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB661,1
1Section
1. 17.13 (2m) of the statutes is created to read:
AB661,3,42
17.13
(2m) Elective town officers. Any elective town officer by a majority
3vote of all the members of the town board, because of continued physical inability to
4perform the duties of office or gross neglect of duty.
AB661,2
5Section
2. 17.13 (3) of the statutes is amended to read:
AB661,3,106
17.13
(3) All officers. Any village, town, town sanitary district, school district
7or technical college district officer, elective or appointive, including those embraced
8within subs. (1)
and, (2),
and (2m), by the judge of the circuit court of the circuit
9wherein the village, town, town sanitary district, school district or technical college
10district is situated, for cause.
AB661,3
11Section 3
. 17.25 (1) of the statutes is renumbered 17.25 (1) (a) 1. and amended
12to read: