1 | 1 | | 2025 - 2026 LEGISLATURE |
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2 | 2 | | LRB-1061/1 |
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3 | 3 | | SWB&EVM:cdc |
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4 | 4 | | 2025 SENATE BILL 215 |
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5 | 5 | | April 16, 2025 - Introduced by Senators QUINN, CABRAL-GUEVARA, FEYEN, JACQUE, |
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6 | 6 | | JAMES, MARKLEIN and SPREITZER, cosponsored by Representatives DALLMAN, |
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7 | 7 | | ANDERSON, ARMSTRONG, CALLAHAN, DITTRICH, DUCHOW, GUSTAFSON, |
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8 | 8 | | JOHNSON, KNODL, KREIBICH, KURTZ, MURSAU, O'CONNOR, SWEARINGEN, |
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9 | 9 | | VANDERMEER, WICHGERS and WITTKE. Referred to Committee on |
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10 | 10 | | Transportation and Local Government. |
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11 | 11 | | AN ACT to repeal 65.90 (3) (a) 1.; to renumber and amend 60.305 (4) (a); to |
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12 | 12 | | amend 60.10 (1) (b) 2m., 60.30 (1e) (f), 60.331, 60.341 and 82.19 (2) (a); to |
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13 | 13 | | create 60.305 (4) (a) 2. of the statutes; relating to: town clerk and treasurer |
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14 | 14 | | appointments, publication requirements for proposed budget summary and |
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15 | 15 | | notice of public hearing, and discontinuance of highways. |
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16 | 16 | | Analysis by the Legislative Reference Bureau |
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17 | 17 | | This bill makes changes to various town procedures. Current law provides |
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18 | 18 | | that a town may combine certain positions, such as the town clerk and the town |
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19 | 19 | | treasurer, and provides that the combination takes effect on the latest date that any |
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20 | 20 | | current term of an office to be combined expires. The bill retains that deadline, but |
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21 | 21 | | allows the town board to provide that the combination of offices takes effect |
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22 | 22 | | immediately as both positions become vacant or, if the person appointed to the |
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23 | 23 | | combined office holds one of the offices to be combined, immediately upon a vacancy |
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24 | 24 | | in the other office to be combined. |
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25 | 25 | | Current law also provides that a town with a population of 2,500 or more may |
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26 | 26 | | move from an elected clerk, treasurer, or combined office of clerk and treasurer to |
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27 | 27 | | an appointed clerk, treasurer, or combined clerk and treasurer by a vote of the |
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28 | 28 | | electors at a town meeting. Under current law, a town with a population of under |
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33 | 33 | | 5 2025 - 2026 Legislature |
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34 | 34 | | SENATE BILL 215 |
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35 | 35 | | - 2 - LRB-1061/1 |
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36 | 36 | | SWB&EVM:cdc |
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37 | 37 | | SECTION 1 |
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38 | 38 | | 2,500 may only move from an elected clerk, treasurer, or combined clerk and |
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39 | 39 | | treasurer to an appointed position through a referendum. The bill allows a town of |
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40 | 40 | | any size to move from an elected position to an appointed one by a vote of the |
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41 | 41 | | electors at a town meeting. Current law also prohibits a town[s change from an |
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42 | 42 | | elected to an appointed clerk, treasurer, or combined clerk and treasurer from |
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43 | 43 | | taking effect until the end of the current elected term. Under the bill, a town may |
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44 | 44 | | move to an appointed clerk, treasurer, or combined clerk and treasurer position |
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45 | 45 | | during an elected term when there is a vacancy in the position. |
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46 | 46 | | Under current law, a town treasurer is permitted to appoint a deputy |
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47 | 47 | | treasurer, while a town clerk may appoint one or more deputies. The bill provides |
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48 | 48 | | that a town treasurer may appoint one or more deputies. The bill also provides that |
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49 | 49 | | deputy town clerks and deputy town treasurers need not be residents of the town. |
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50 | 50 | | The bill also changes the publication and notice requirements for towns with |
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51 | 51 | | respect to the public hearing regarding the town[s proposed budget. Current law |
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52 | 52 | | requires that towns, cities, and villages conduct a public hearing on a proposed |
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53 | 53 | | budget. Under current law, cities and villages must provide a summary of the |
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54 | 54 | | proposed budget and notice of the budget public hearing and may do so by |
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55 | 55 | | publishing the summary and notice in a newspaper, posting it in three locations, or |
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56 | 56 | | posting it in one location and on a website maintained by the municipality. Current |
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57 | 57 | | law also requires towns to provide a summary of the proposed budget and notice of |
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58 | 58 | | the budget public hearing, but towns must post the summary and notice in three |
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59 | 59 | | locations. This bill eliminates the limitation on how towns must provide the |
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60 | 60 | | summary and notice, instead allowing towns the same options as cities and villages. |
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61 | 61 | | Finally, under current law, every highway ceases to be a public highway four |
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62 | 62 | | years from the date on which it was laid out, except the parts of the highway that |
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63 | 63 | | have been opened, traveled, or worked within that time. The bill eliminates the |
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64 | 64 | | travel exception from consideration by a town board in determining whether a |
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65 | 65 | | highway has ceased to be a public highway. |
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66 | 66 | | For further information see the local fiscal estimate, which will be printed as |
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67 | 67 | | an appendix to this bill. |
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68 | 68 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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69 | 69 | | enact as follows: |
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70 | 70 | | SECTION 1. 60.10 (1) (b) 2m. of the statutes is amended to read: |
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71 | 71 | | 60.10 (1) (b) 2m. In a town with a population of 2,500 or more, provide Provide |
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72 | 72 | | for the appointment by the town board of the town clerk, town treasurer, or both, or |
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73 | 73 | | of the combined office of town clerk and town treasurer under s. 60.305 (1), at a level |
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77 | 77 | | 4 2025 - 2026 Legislature |
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78 | 78 | | SENATE BILL 215 |
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79 | 79 | | - 3 - LRB-1061/1 |
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80 | 80 | | SWB&EVM:cdc |
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81 | 81 | | SECTION 1 |
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82 | 82 | | of compensation to be set by the board that may not be reduced during the term to |
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83 | 83 | | which the person is appointed. |
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84 | 84 | | SECTION 2. 60.30 (1e) (f) of the statutes is amended to read: |
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85 | 85 | | 60.30 (1e) (f) If Subject to s. 60.305 (4) (a), if a person is appointed to office |
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86 | 86 | | under par. (e), the person initially appointed may not take office until the term of |
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87 | 87 | | office of the incumbent town clerk, town treasurer, or combined town clerk and town |
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88 | 88 | | treasurer expires there is a vacancy in that position, as described under s. 17.03. A |
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89 | 89 | | person appointed to the office of town clerk or town treasurer, or to the combined |
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90 | 90 | | office of town clerk and town treasurer, shall serve for a term, not to exceed 3 years, |
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91 | 91 | | that is set by the town board. The person may be reappointed and may be dismissed |
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92 | 92 | | by the board only for cause, as defined in s. 17.001. |
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93 | 93 | | SECTION 3. 60.305 (4) (a) of the statutes is renumbered 60.305 (4) (a) 1. and |
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94 | 94 | | amended to read: |
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95 | 95 | | 60.305 (4) (a) 1. A Subject to subd. 2., a combination of offices under this |
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96 | 96 | | section takes effect on the latest date that any current term of an office to be |
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97 | 97 | | combined expires. |
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98 | 98 | | SECTION 4. 60.305 (4) (a) 2. of the statutes is created to read: |
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99 | 99 | | 60.305 (4) (a) 2. The town board may provide that a combination of offices |
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100 | 100 | | under this section takes effect immediately as both positions become vacant, as set |
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101 | 101 | | forth in s. 17.03, or, if the person appointed to the combined office holds one of the |
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102 | 102 | | offices to be combined, immediately upon a vacancy in the other office to be |
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103 | 103 | | combined. |
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104 | 104 | | SECTION 5. 60.331 of the statutes is amended to read: |
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105 | 105 | | 60.331 Deputy town clerk. Each town clerk may appoint one or more |
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129 | 129 | | 24 2025 - 2026 Legislature |
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130 | 130 | | SENATE BILL 215 |
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131 | 131 | | - 4 - LRB-1061/1 |
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132 | 132 | | SWB&EVM:cdc |
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133 | 133 | | SECTION 5 |
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134 | 134 | | deputies for whom the town clerk is responsible. A deputy shall take and file the |
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135 | 135 | | official oath and bond under s. 60.31. The town clerk may designate a deputy to |
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136 | 136 | | shall perform the clerk[s duties during the absence, sickness or other disability |
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137 | 137 | | upon direction of the clerk or upon inability of the clerk to perform the clerk[s |
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138 | 138 | | duties. A deputy town clerk need not be a resident of the town. |
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139 | 139 | | SECTION 6. 60.341 of the statutes is amended to read: |
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140 | 140 | | 60.341 Deputy town treasurer. Each town treasurer may appoint a deputy |
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141 | 141 | | one or more deputies for whom the treasurer is responsible. The A deputy shall |
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142 | 142 | | take and file the official oath and bond under s. 60.31. In case of the absence, |
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143 | 143 | | sickness or other disability of the treasurer, the The deputy shall perform the |
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144 | 144 | | treasurer[s duties upon direction of the treasurer or upon inability of the treasurer |
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145 | 145 | | to perform the treasurer[s duties. A deputy town treasurer need not be a resident of |
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146 | 146 | | the town. |
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147 | 147 | | SECTION 7. 65.90 (3) (a) 1. of the statutes is repealed. |
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148 | 148 | | SECTION 8. 82.19 (2) (a) of the statutes is amended to read: |
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149 | 149 | | 82.19 (2) (a) Every highway shall cease to be a public highway 4 years from |
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150 | 150 | | the date on which it was laid out, except the parts of the highway that have been |
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151 | 151 | | opened, traveled, or worked within that time. |
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152 | 152 | | (END) |
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