Wisconsin 2025-2026 Regular Session

Wisconsin Assembly Bill AB214 Compare Versions

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44 2025 ASSEMBLY BILL 214
55 April 23, 2025 - Introduced by Representatives DALLMAN, ANDERSON, ARMSTRONG,
66 CALLAHAN, DITTRICH, DUCHOW, GUSTAFSON, JOHNSON, KNODL, KREIBICH,
77 KURTZ, MURSAU, O'CONNOR, SWEARINGEN, VANDERMEER, WICHGERS and
88 WITTKE, cosponsored by Senators QUINN, PFAFF, CABRAL-GUEVARA, FEYEN,
99 JACQUE, JAMES, MARKLEIN and SPREITZER. Referred to Committee on Local
1010 Government.
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1212 ***AUTHORS SUBJECT TO CHANGE***
1313 AN ACT to repeal 65.90 (3) (a) 1.; to renumber and amend 60.305 (4) (a); to
1414 amend 60.10 (1) (b) 2m., 60.30 (1e) (f), 60.331, 60.341 and 82.19 (2) (a); to
1515 create 60.305 (4) (a) 2. of the statutes; relating to: town clerk and treasurer
1616 appointments, publication requirements for proposed budget summary and
1717 notice of public hearing, and discontinuance of highways.
1818 Analysis by the Legislative Reference Bureau
1919 This bill makes changes to various town procedures. Current law provides
2020 that a town may combine certain positions, such as the town clerk and the town
2121 treasurer, and provides that the combination takes effect on the latest date that any
2222 current term of an office to be combined expires. The bill retains that deadline, but
2323 allows the town board to provide that the combination of offices takes effect
2424 immediately as both positions become vacant or, if the person appointed to the
2525 combined office holds one of the offices to be combined, immediately upon a vacancy
2626 in the other office to be combined.
2727 Current law also provides that a town with a population of 2,500 or more may
2828 move from an elected clerk, treasurer, or combined office of clerk and treasurer to
2929 an appointed clerk, treasurer, or combined clerk and treasurer by a vote of the
3030 electors at a town meeting. Under current law, a town with a population of under
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4040 2,500 may only move from an elected clerk, treasurer, or combined clerk and
4141 treasurer to an appointed position through a referendum. The bill allows a town of
4242 any size to move from an elected position to an appointed one by a vote of the
4343 electors at a town meeting. Current law also prohibits a town[s change from an
4444 elected to an appointed clerk, treasurer, or combined clerk and treasurer from
4545 taking effect until the end of the current elected term. Under the bill, a town may
4646 move to an appointed clerk, treasurer, or combined clerk and treasurer position
4747 during an elected term when there is a vacancy in the position.
4848 Under current law, a town treasurer is permitted to appoint a deputy
4949 treasurer, while a town clerk may appoint one or more deputies. The bill provides
5050 that a town treasurer may appoint one or more deputies. The bill also provides that
5151 deputy town clerks and deputy town treasurers need not be residents of the town.
5252 The bill also changes the publication and notice requirements for towns with
5353 respect to the public hearing regarding the town[s proposed budget. Current law
5454 requires that towns, cities, and villages conduct a public hearing on a proposed
5555 budget. Under current law, cities and villages must provide a summary of the
5656 proposed budget and notice of the budget public hearing and may do so by
5757 publishing the summary and notice in a newspaper, posting it in three locations, or
5858 posting it in one location and on a website maintained by the municipality. Current
5959 law also requires towns to provide a summary of the proposed budget and notice of
6060 the budget public hearing, but towns must post the summary and notice in three
6161 locations. This bill eliminates the limitation on how towns must provide the
6262 summary and notice, instead allowing towns the same options as cities and villages.
6363 Finally, under current law, every highway ceases to be a public highway four
6464 years from the date on which it was laid out, except the parts of the highway that
6565 have been opened, traveled, or worked within that time. The bill eliminates the
6666 travel exception from consideration by a town board in determining whether a
6767 highway has ceased to be a public highway.
6868 For further information see the local fiscal estimate, which will be printed as
6969 an appendix to this bill.
7070 The people of the state of Wisconsin, represented in senate and assembly, do
7171 enact as follows:
7272 SECTION 1. 60.10 (1) (b) 2m. of the statutes is amended to read:
7373 60.10 (1) (b) 2m. In a town with a population of 2,500 or more, provide Provide
7474 for the appointment by the town board of the town clerk, town treasurer, or both, or
7575 of the combined office of town clerk and town treasurer under s. 60.305 (1), at a level
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8383 SECTION 1
8484 of compensation to be set by the board that may not be reduced during the term to
8585 which the person is appointed.
8686 SECTION 2. 60.30 (1e) (f) of the statutes is amended to read:
8787 60.30 (1e) (f) If Subject to s. 60.305 (4) (a), if a person is appointed to office
8888 under par. (e), the person initially appointed may not take office until the term of
8989 office of the incumbent town clerk, town treasurer, or combined town clerk and town
9090 treasurer expires there is a vacancy in that position, as described under s. 17.03. A
9191 person appointed to the office of town clerk or town treasurer, or to the combined
9292 office of town clerk and town treasurer, shall serve for a term, not to exceed 3 years,
9393 that is set by the town board. The person may be reappointed and may be dismissed
9494 by the board only for cause, as defined in s. 17.001.
9595 SECTION 3. 60.305 (4) (a) of the statutes is renumbered 60.305 (4) (a) 1. and
9696 amended to read:
9797 60.305 (4) (a) 1. A Subject to subd. 2., a combination of offices under this
9898 section takes effect on the latest date that any current term of an office to be
9999 combined expires.
100100 SECTION 4. 60.305 (4) (a) 2. of the statutes is created to read:
101101 60.305 (4) (a) 2. The town board may provide that a combination of offices
102102 under this section takes effect immediately as both positions become vacant, as set
103103 forth in s. 17.03, or, if the person appointed to the combined office holds one of the
104104 offices to be combined, immediately upon a vacancy in the other office to be
105105 combined.
106106 SECTION 5. 60.331 of the statutes is amended to read:
107107 60.331 Deputy town clerk. Each town clerk may appoint one or more
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135135 SECTION 5
136136 deputies for whom the town clerk is responsible. A deputy shall take and file the
137137 official oath and bond under s. 60.31. The town clerk may designate a deputy to
138138 shall perform the clerk[s duties during the absence, sickness or other disability
139139 upon direction of the clerk or upon inability of the clerk to perform the clerk[s
140140 duties. A deputy town clerk need not be a resident of the town.
141141 SECTION 6. 60.341 of the statutes is amended to read:
142142 60.341 Deputy town treasurer. Each town treasurer may appoint a deputy
143143 one or more deputies for whom the treasurer is responsible. The A deputy shall
144144 take and file the official oath and bond under s. 60.31. In case of the absence,
145145 sickness or other disability of the treasurer, the The deputy shall perform the
146146 treasurer[s duties upon direction of the treasurer or upon inability of the treasurer
147147 to perform the treasurer[s duties. A deputy town treasurer need not be a resident of
148148 the town.
149149 SECTION 7. 65.90 (3) (a) 1. of the statutes is repealed.
150150 SECTION 8. 82.19 (2) (a) of the statutes is amended to read:
151151 82.19 (2) (a) Every highway shall cease to be a public highway 4 years from
152152 the date on which it was laid out, except the parts of the highway that have been
153153 opened, traveled, or worked within that time.
154154 (END)
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